? Now, let me show you the advantages and disadvantages of these forms, hoping to help you.
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? 1. Company is the most common form of commercial subject, including limited liability company and joint stock limited company. A limited liability company shall have no more than 50 investors, usually small and medium-sized companies.
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? 2. A partnership enterprise refers to a for-profit organization in which all partners enter into a partnership agreement, * * * jointly contribute capital, * * * jointly operate, * * * enjoy the benefits, * * * bear the risks, and bear unlimited joint and several liabilities for the debts of the enterprise. Partnership enterprises are divided into general partnership enterprises and limited partnership enterprises.
? General partnership means that all partners have unlimited joint and several liability. Limited partnership means that the limited partner can absorb the subject who only contributes capital but does not participate in the operation (limited partner means to bear limited liability only by the amount of capital contribution). But a limited partnership must have a general partner, that is, one person has unlimited liability.
3. Partnership means that several people sign an agreement, * * * contributes capital and * * * operates. Similar to a partnership, but without a separate enterprise. So, as a new entrepreneur, how should we choose?
We compare the power of agreement with the power of legitimacy.
Partnership agreement; The contractual nature of partnership >: the agreement of the company; On the contrary, the legitimacy of partnership
Even if you don't want too many mandatory provisions in the law, for example, partners can decide to exclude newcomers, make joint decisions on big and small matters, arbitrarily agree on the distribution of surplus, and make contributions in kind or services. You'd better choose partnership or partnership, but your responsibility is heavier-you and other partners are jointly and severally liable. (Unless it is a limited partner, it will not participate in the operation, and only undertake limited liability to the extent of capital contribution).
For the shareholders of the company, once the capital contribution is made, the money belongs to the company, and you can no longer use and distribute the money. At the same time, the law stipulates that the company must have a statutory governance body and the articles of association stipulated by law. But the responsibility is lighter-limited to capital contribution.
In this way, the more rights, the greater the responsibility. On the contrary, if there is less freedom of rights, there will be less responsibility. In other words, the stronger the agreement, the heavier the responsibility, the stronger the legitimacy, the lighter the responsibility, so the obligation is exchanged for the right, and that's all.
If you are struggling between partnership and partnership, please pay attention. The two are bound by law to different degrees. In China, there is a special Partnership Enterprise Law to regulate partnership enterprises, and partnership is generally only regulated by the Contract Law.
Contract law adheres to the principle of autonomy of the will and supports the autonomy of the subject to the maximum extent, that is to say, as long as it does not violate the provisions of the law and the public order and good customs of society, you can do whatever you want. So what you need to do is to ensure that your contract is valid and meets the legal requirements.
The law makes more detailed provisions on the establishment, admission and withdrawal, dissolution and liquidation of partnership enterprises. For example, Article 94 of the Partnership Enterprise Law stipulates that if a partnership enterprise violates the provisions of this law and fails to indicate the words "general partnership", "special general partnership" and "limited partnership" in its name, the enterprise registration authority shall order it to make corrections within a time limit and impose a fine of not less than 2,000 yuan but not more than 10,000 yuan.
In short, the centralized form has advantages and disadvantages. The key is to see what your needs are and how much responsibility you can take. I hope it helps you!