1. The difference between a limited company and a liability company is as follows:
(1) The number of shareholders is different. The number of shareholders of a limited liability company shall be two or more and fifty or less. There is no need to set up a shareholders' meeting because there are few shareholders. There is no limit on the number of shareholders of a joint stock limited company;
(2) The registered capital is different. Limited liability companies require less minimum capital, which varies according to the nature and scope of production and operation. The minimum statutory registered capital of a joint stock limited company is100,000 yuan;
(3) Share capital is divided in different ways. The shares of a limited liability company may not be divided into equal shares, and its capital shall be divided according to the capital contribution subscribed by shareholders. The shares of a joint stock limited company must be equal, with a small share capital division and equal amount per share;
(4) The sponsors raise funds in different ways. Limited liability companies can only raise funds from sponsors, but not from the public, and their shares cannot be publicly issued, let alone listed and traded, while joint stock limited companies can raise funds from the society through sponsorship or raising, and their shares can be publicly issued and traded;
(5) The conditions of equity transfer are different. Shareholders of a limited liability company may freely transfer all or part of their share capital according to law; When a shareholder transfers its share capital to a person other than the company according to law, it can only be implemented with the consent of more than half of the shareholders; Other shareholders of the company have the preemptive right under the condition of equal transfer of share capital. Shares held by shareholders of a joint stock limited company can be traded and transferred, but they cannot be withdrawn;
(6) The authority of the company organization is different. A limited liability company has a small number of shareholders and a simple organization. It can only set up a board of directors, not a shareholders' meeting and a board of supervisors. Therefore, the board of directors is often held by individual shareholders, which has greater flexibility. The establishment procedure and organization of a joint stock limited company are complex, and the number of shareholders is relatively scattered. Therefore, the authority of the shareholders' meeting is restricted to a certain extent, and the authority of the board of directors is centralized;
(7) The forms of equity certificates are different. The equity certificate of a limited liability company is the capital contribution certificate issued by the company; The equity certificate of a joint stock limited company is the stock issued by the company;
(8) The degree of financial disclosure is different. The financial status of a limited liability company only needs to be handed over to shareholders within the time limit stipulated in the company's articles of association, and there is no need to announce and consult, and the financial status is relatively confidential; Limited by Share Ltd is difficult to operate and keep secret because of its complicated establishment and the need to publish its financial status regularly.
2. Legal basis: Article 6 of People's Republic of China (PRC) Company Law.
When a company registers to establish a company, it shall apply to the company registration authority for registration of establishment according to law. Those that meet the conditions for establishment as stipulated in this Law shall be registered as limited liability companies or joint stock limited companies respectively by the company registration authority; Those who do not meet the conditions for establishment as stipulated in this Law shall not be registered as a limited liability company or a joint stock limited company.
2. What responsibilities does the legal person of a limited liability company bear?
A limited liability company as a legal person shall bear the following responsibilities:
1. Co., Ltd. shall be liable to the extent of the capital contribution of each shareholder;
2, the legal representative is the representative of the enterprise to exercise civil rights and assume responsibility, not to bear the creditor's rights and debts;
3. When an illegal act occurs, the legal representative shall exercise rights and assume responsibilities on behalf of the enterprise. Simply put, the enterprise is not the legal representative;
4. The capital contribution shall be deposited into the account opened by the enterprise. As long as the funds are not withdrawn, the responsibility will be borne by the enterprise.