1. General limited companies are not private enterprises; Limited liability company and private enterprise are two different concepts.
2. A limited liability company refers to an economic organization registered in accordance with the Regulations of the People's Republic of China on the Administration of Company Registration, which is established by shareholders with less than 50 employees, and each shareholder bears limited liability to the company with the subscribed capital contribution, and the company as a legal person bears full responsibility for the company's debts with all its assets. Limited liability companies include wholly state-owned companies and other limited liability companies;
3. Private enterprises refer to profit-making economic organizations established or controlled by natural persons and based on wage labor. Including private limited liability companies, private joint-stock companies, private partnerships and private enterprises registered in accordance with the Company Law, the Partnership Law and the Provisional Regulations on Private Enterprises;
4. Limited liability companies include private enterprises, but are not limited to private enterprises; Private enterprises also include limited companies, but not limited to limited liability companies;
5. The company is an enterprise legal person with independent legal person property and legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
Legal basis:
Article 20 An applicant for the establishment of a limited liability company shall submit the following documents to the company registration authority:
(1) An application for registration of establishment signed by the legal representative of the company;
(2) Certificates of the designated representatives or entrusted agents of all shareholders;
(3) Articles of association;
(4) A capital verification certificate issued by a legally established capital verification institution, except as otherwise provided by laws and administrative regulations;
(5) If the shareholder's capital contribution is non-monetary property for the first time, it shall submit the certificate that the property right transfer formalities have been completed at the time of company establishment registration;
(six) the qualification certificate of shareholders or the identity certificate of natural persons;
(7) Documents stating the names and domiciles of the directors, supervisors and managers of the company, and certificates of appointment, election or employment;
(8) The post-holding documents and identity certificates of the legal representative of the company;
(9) Notice of pre-approval of enterprise name;
(10) Certificate of domicile of the company;
(eleven) other documents required by the State Administration for Industry and Commerce.
Derivative problem:
What's the difference between private enterprises and limited liability companies?
(1) There are differences between the two companies in terms of establishment conditions and raised funds. The conditions for the establishment of a limited liability company are more relaxed, and the conditions for the establishment of a joint stock limited company are more stringent; A limited liability company can only raise funds from sponsors, but not from the public. A joint stock limited company may raise funds from the public. Limited liability companies have the highest and lowest requirements for the number of shareholders, while joint stock limited companies only have the lowest requirements for the number of shareholders, but there is no highest requirement.
(2) The difficulty of share transfer between the two companies is different. In a limited liability company, shareholders have strict requirements on the transfer of their own capital contribution, which is more restricted and more difficult. In a joint stock limited company, shareholders can freely transfer their own shares, which is not as difficult as a limited liability company.
(3) The forms of equity certificates of the two companies are different. In a limited liability company, the shareholder's equity certificate is a capital contribution certificate and cannot be transferred or circulated; In a joint stock limited company, the shareholder's equity certificate is stock, that is, the shares held by shareholders are embodied in the form of shares, which is a certificate issued by the company to prove that shareholders hold shares and can be transferred and circulated.
(4) The shareholders' meeting and the board of directors of the two companies have different powers. In a limited liability company, because the number of shareholders is limited and relatively small, it is convenient to convene a shareholders' meeting, so the authority of the shareholders' meeting is large, and the directors are often held by the shareholders themselves, and the separation of ownership and management rights is low; In a joint stock limited company, because there is no upper limit on the number of shareholders, the number of shareholders is large and scattered, it is difficult to convene a shareholders' meeting, and the proceedings of the shareholders' meeting are complicated, so the authority of the shareholders' meeting is limited, the authority of the board of directors is greater, and the degree of separation of ownership and management rights is higher.
(5) The disclosure of financial status of the two companies is different. In a limited liability company, due to the limited number of companies, the financial and accounting statements may not be audited by certified public accountants or announced, as long as they are sent to shareholders within the prescribed time limit; In a joint stock limited company, due to the large number of shareholders, it is difficult to classify, so the accounting statements must be audited by certified public accountants and issued a report, and must also be filed for shareholders' reference. Among them, a joint stock limited company established by way of offering must also announce its financial and accounting reports.