First of all, the definition of differentiated investment is a broad concept. Simply put, it is to give money or assets to an enterprise in order to get a return in the future. Holding shares refers to buying shares of an enterprise with funds or assets. Then, in theory, investment is not necessarily shares, but it must be invested in shares. Generally speaking, the purpose of an investment enterprise is to own the shares of the invested enterprise, and then obtain the investment income through the good operation of the enterprise or its excellent performance in the capital market.
II. Laws are applicable to different partnership enterprises, and the Partnership Enterprise Law is applicable, and the Company Law is applicable to shareholders.
Three. The funds undertaken are different. The partnership shall bear the capital as agreed, and the shares shall bear the capital in proportion to the capital contribution.
Four. According to the agreement between the partners, formulate the rules for joining and quitting different partnerships. When a partner quits or a new partner joins, all partners must agree and sign a new agreement. Shareholders of joint-stock enterprises cannot withdraw their shares, but they can transfer their shares to others.
Verb (abbreviation of verb) Responsibility: In different partnerships, each partner is jointly and severally liable for all external debts of the partnership; Shareholders (shareholders) only need to bear limited liability.
The difference between investors and company shareholders
1. The investment time is different. The "investment" must be actually invested and paid before the establishment of the company; And "investment" can be invested before the company is established, or it can be invested by stages during the company's operation.
2. The purpose of investment is different. The purpose of "investment" is to pay up the registered capital and then set up a company; The purpose of "investment" is to develop or expand the business of the company.
3. Different forms of investment. Generally, the articles of association of the company stipulate "capital contribution", and the company issues the capital contribution certificate stipulated in the Company Law as the performance of capital contribution; And "investment" is generally through internal investment agreements, and the company issues informal certification documents as the performance of investment.
4. The performance of receiving the returned goods is different. As the performance of shares, "capital contribution" will realize returns through shareholders' dividends; And "investment" is generally realized through the profit distribution method agreed in the investment agreement.
5. It has different meanings to the creditors of the company. When the "capital contribution" is insufficient, the creditor may pursue the shareholders' supplementary capital contribution responsibility during the liquidation of the company; When the "capital contribution" is insufficient, the company's creditors can't pursue the investor's capital contribution responsibility.
6. The meaning of capital subject is different. After the liquidation, investors can generally distribute the remaining assets of the company according to the "contribution" share; No matter how much "investment", as long as it is not in the form of capital contribution, it cannot be qualified to distribute the company's remaining assets.