1, which are different in nature:
(1) The partnership enterprise is an unincorporated organization;
(2) A limited liability company is a legal person organization.
2. Their legal responsibilities are different:
(1) The legal consequence of a partnership enterprise is that when its property is insufficient to pay off debts, the investors or founders of the partnership enterprise bear unlimited liability;
(2) The legal consequence of a limited liability company is that the legal person bears unlimited liability, and the shareholders only bear limited liability within the scope of capital contribution.
The process of handling the business license of a limited company is as follows:
1. Recognize this name. After determining the company's type, name, registered capital, shareholders and contribution ratio, you can submit an application for name verification at the industrial and commercial bureau site or online. If it fails, it needs to be re-signed. It takes 1-3 working days;
2. Submission of materials. After approval, confirm the address information, senior management information and business scope, and submit the pre-application online. After the online pre-trial is passed, submit the application materials to the industrial and commercial bureau according to the appointment time. After passing, you will receive a notice of approval for establishment registration. It takes 5- 15 working days;
3. Get a license. On the day of appointment, bring the Notice of Approval of Establishment Registration and the original ID card of the agent to the Industrial and Commercial Bureau to obtain the original and copy of the business license.
The materials for a partnership to apply for a business license are as follows:
1. Application for partnership registration signed by all partners;
2. Qualification certificates of all partners or identity certificates of natural persons. If the partner is a natural person, a copy of the resident identity card shall be submitted. If the partner is an enterprise, a copy of the business license shall be submitted; If the partner is an enterprise legal person, a copy of the registration certificate of the enterprise legal person shall be submitted; If the partner is an enterprise legal person, a copy of the registration certificate of the enterprise legal person shall be submitted; If the partner is a farmer's professional cooperative, a copy of the business license of the farmer's professional cooperative shall be submitted; If the partner is a private non-enterprise unit, a copy of the certificate of the private non-enterprise unit shall be submitted;
3. Power of attorney of the representative designated by all partners or the agent entrusted by * * *;
4. Partnership agreement signed by all partners;
5. Confirmation letter signed by all partners on the subscribed or paid-in capital contribution of each partner;
6. Certificate of main business place. If the partner uses its own business premises as capital contribution, it shall submit the property right certificate issued by the housing management department; If renting another person's house, submit a copy of the lease agreement and a copy of the lessor's real estate license. If there is no property right certificate of the housing management department, other property rights certificates shall be submitted. In rural areas, if there is no property right certificate issued by the housing management department, the certificate issued by the local village Committee shall be submitted.
To sum up, the responsibility difference between a partnership and a limited liability company is that the property of the partnership does not belong to the partnership organization independently, but belongs to the partners, and the partners and the partnership bear joint and several liabilities. A limited liability company is an enterprise legal person, which operates independently according to law, is responsible for its own profits and losses, bears civil liabilities independently and enjoys civil rights.
Legal basis:
Article 23 of the Company Law of People's Republic of China (PRC)
The establishment of a limited liability company shall meet the following conditions:
(1) Shareholders meet the quorum;
(2) The capital contribution subscribed by all shareholders in accordance with the Articles of Association;
(3) Shareholders * * * agree to formulate the Articles of Association;
(4) Having a company name and establishing an organization meeting the requirements of a limited liability company;
(5) Having a company domicile.
Article 14 of the Partnership Enterprise Law of People's Republic of China (PRC)
The establishment of a partnership enterprise shall meet the following conditions:
(1) There are more than two partners. Partners who are natural persons shall have full capacity for civil conduct;
(2) Having a written partnership agreement;
(3) The amount of capital contribution subscribed or paid by the partners;
(4) Having the name of the partnership enterprise and the place of production and business operation;
(5) Other conditions stipulated by laws and administrative regulations.