First, the similarity between self-employed and sole proprietorship enterprises
First, the investors are basically the same. The investors of both can only be natural persons (citizens), not legal persons or other organizations. Of course, natural persons (citizens) as investors must comply with the law, and those who are prohibited from engaging in profit-making activities by laws and administrative regulations may not apply for the establishment of sole proprietorship enterprises or individual industrial and commercial households as investors.
Second, sole proprietorship enterprises and individual industrial and commercial households implement the declaration system for the invested assets, and do not need to go through a statutory capital verification institution for capital verification. Because both of them bear unlimited responsibilities, they do not emphasize the actual payment of physical objects, industrial property rights, non-patented technologies and land use rights as capital contributions.
Third, both of them bear the same form of legal liability, and they must bear unlimited liability with personal or family property. If divided by the amount of capital contribution, individual industrial and commercial households can be divided into two forms: individual operation and family operation; And sole proprietorship enterprises can also be divided into sole proprietorship enterprises funded by personal property and sole proprietorship enterprises funded by family property. In terms of liability, a sole proprietorship enterprise or individual industrial and commercial household funded by personal property shall bear unlimited liability with personal property. A sole proprietorship enterprise or individual industrial and commercial household funded by family property shall bear unlimited liability with family property.
Fourth, sole proprietorship enterprises and individual industrial and commercial households, as economic organizations, must have the necessary funds, places, employees and production and operation conditions. This is also a necessary condition for individual industrial and commercial households and sole proprietorship enterprises to enter the market as market subjects.
In addition, sole proprietorship enterprises and individual industrial and commercial households have many similarities in trademark users and advertising strategies.
Because the sole proprietorship enterprise is the same in the aspects of investment subject, capital contribution mode and responsibility undertaking form. However, this does not mean that the administrative department for industry and commerce as the registration authority can register at will without discrimination.
Second, the difference between self-employed and sole proprietorship enterprises
First, a sole proprietorship enterprise must have a fixed place of production and business operation and a legal enterprise name, while individual industrial and commercial households can operate without a name or a fixed place of production and business operation.
In other words, a legal enterprise name and a fixed place of production and business operation are prerequisites for the establishment of a sole proprietorship enterprise, not individual industrial and commercial households.
Second, the investors and operators of individual industrial and commercial households are the same person, and both must be natural persons who invest in the establishment of individual industrial and commercial households. The investor and the operator of a sole proprietorship enterprise may be different persons, and the investor may entrust or hire others to manage the affairs of the sole proprietorship enterprise.
In other words, the ownership and management rights of sole proprietorship enterprises can be separated, which determines that sole proprietorship enterprises are more in line with the characteristics of modern enterprise system. The ownership and management rights of individual industrial and commercial households are integrated with investors, which can no longer meet the requirements of the development of modern enterprise system and can only be applied to small-scale business entities.
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