1. Determinable business risks and encouraging investment. The vitality of a one-person limited liability company lies in that it is a limited liability company, and the contribution of shareholders to the company lies in that shareholders are only responsible for debts with limited assets. The investment risk of enterprise system shareholders of one-person limited liability company has been determined in advance.
In addition, one-person limited liability company has realized the separation of company property and shareholders' personal property. This advantage has stimulated investors' investment enthusiasm and expanded the total social investment. Compared with the establishment of sole proprietorship enterprises and individual industrial and commercial households, the investment risk is greatly reduced.
2. It can make individuals gain social credit and help them gain more business opportunities. Companies are more likely to gain more credit in society than individuals, and can better strive for all favorable conditions and create more trade opportunities. The credit of a one-person limited liability company will certainly bring more trading opportunities to individual investors, which will be of great help to expand the trading scope.
3. One-person company can save time and money and improve work efficiency. The internal management structure of a one-person limited liability company is generally simple, and the shareholders and directors are often held by the same person. When the company is faced with major emergencies, it saves complicated matters such as the convening, convening and resolution of the shareholders' meeting and the board of directors, which is convenient for timely decision-making.
4. One-person limited liability company has great advantages in protecting trade secrets. The one-person limited liability company system makes business secrets rarely touched, and shareholders can take effective measures to protect these inventions, proprietary technologies and even major business strategies, which is of great benefit to the development of enterprises.
5. One-person limited liability company can make more enterprises survive effectively. According to the Company Law, if the rights of share transfer between shareholders are protected, when all the shares of the company are finally transferred to the same shareholder;
If the status of one-person limited liability company is not recognized, the company will be forced to dissolve because the number of shareholders can not meet the statutory requirements, then the company's operation and business network will not survive, and the employees of the forced company will face unemployment, which is not conducive to economic development and social stability.
Second, the disadvantages of one-person limited liability company
1, confusion between corporate personality and shareholder personality. Because there is only one shareholder in a one-person limited liability company, the traditional supervision mode of mutual supervision and restriction cannot be realized in a one-person limited liability company, which makes it possible for one-person shareholders to take the blame for personal interests. To a certain extent and under certain conditions, the relative risk of trading with a one-person limited liability company is greatly increased, which is not conducive to maintaining the normal order of the market economy.
2. It is not conducive to protecting the rights of creditors. As a limited company, its external responsibility is limited, but in the enterprise, due to the lack of internal supervision, it is impossible to ensure that shareholders can operate and operate in full accordance with the law, and it is easy to generate a large number of debts that cannot be paid off because of "limited liability of shareholders", which makes honest and law-abiding creditors suffer losses.
3. The uniqueness of shareholders in a one-person limited liability company makes it difficult for the traditional corporate governance structure to play its role. The traditional corporate governance structure focuses on the adjustment of ownership and share capital, as well as the relationship between shareholders and directors. However, in a one-man company, due to the simplification of shareholders, this system is difficult to play a practical role. It is easy to cause the company to die because of irrational management.
Extended data
1, the main characteristics of joint-stock limited liability company:
The total capital of the company is divided into equal shares; The company may issue shares to the public to raise funds, and the shares may be transferred according to law; The law only has the minimum number of shareholders in the company, but there is no maximum amount; Shareholders shall bear limited liability to the company with their subscribed shares, and the company shall bear liability for the company's debts with all its assets;
One vote per share, shareholders enjoy rights and assume obligations with the subscribed shares; The company shall disclose the accounting reports audited by certified public accountants.
2, the basic characteristics of joint-stock limited liability company:
(1) Limited by Share Ltd is an independent Economic legal;
(2) The number of shareholders of a joint stock limited company shall not be less than the quorum. For example, according to French regulations, the number of shareholders should be at least 7;
(3) The shareholders of a joint stock limited company shall bear limited liability for the debts of the company, and the liability limit shall be the number of shares payable by the shareholders;
(4) All the capital of a joint stock limited company is divided into equal shares, and funds are raised through public offering. Anyone can become a shareholder of the company after paying the shares, and there is no qualification restriction;
(5) The shares of the company can be freely transferred, but they cannot be withdrawn;
(6) The company's accounts must be made public so that investors can know about the company and make choices;
(7) There are strict legal procedures for the establishment and dissolution of the company, and the procedures are complicated. It can be seen that a joint stock limited company is a typical "joint venture company". Whether a person can become a shareholder of a company depends on whether he has paid the shares and bought the shares, not on his personal relationship with other shareholders. Therefore, a joint stock limited company can quickly, extensively and massively concentrate its funds.
At the same time, we can also see that although the capital of unlimited liability companies, limited liability companies and joint-stock companies is also divided into shares, these companies do not publicly issue shares, and their shares cannot be freely transferred. The stocks issued and circulated in the securities market are all issued by joint-stock companies. Therefore, a narrow joint-stock company refers to a joint-stock company.
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