1, the company and sole proprietorship Sole proprietorship is a business established by a single person with capital, owned and controlled by one person, and with unlimited liability by one person. Sole proprietorship and the company's property relations are different, the property of the sole proprietor by the sole proprietor of the property, the enterprise itself does not enjoy ownership, while the company has its own independent property, which is formed with the capital contribution of the shareholders. After the shareholders have made a capital contribution, the shareholders cease to enjoy ownership of the contribution and the corporation enjoys ownership of the contribution. Sole proprietorship by the sole proprietor unlimited liability, that is, the owner of the enterprise should be all of his personal property and not only its investment and the property of the enterprise is responsible for the debt, and the company's debt to its own assets independently liable for its shareholders to bear the limited liability within the scope of the amount of the capital contribution.
2, the company and partnership partnership partnership is a partnership agreement between two or more people, each with their own capital, *** with the business of the formation of the profit-making organization. Partnership includes individual partnership and partnership. The property of a partnership is owned by all the partners ****, while the property of a corporation is not owned by the shareholders ****, but by the corporation as an independent entity enjoying ownership of the property. In the assumption of liability, the partners are jointly and severally liable for partnership debts, i.e., when the property of the enterprise is insufficient to satisfy the partnership debts, the partners shall be liable for their share of the debts with their own property. The shareholders of a company are liable for the debts of the company with limited liability.
The difference between the enterprise and the company is mainly reflected in seven aspects:
1, the foundation of different. The company is founded on the basis of the statute, while the enterprise is founded on the basis of the partnership agreement, of course, the agreement of the partnership agreement can not be against the bona fide third party.
2, the relationship between the parties is different. The company, especially the limited liability company, the shareholders are typical of the capital relationship, although the limited liability company has a little bit of partnership, but due to the existence of limited liability system, the color of the capital is heavier. The partners of the enterprise is to rely on the establishment of the relationship between the partners, specifically on the basis of trust between people to set up, so the relationship between the partners of the dependence is stronger, the creditworthiness is also required to be higher.
3, the subject status is different. The company is a legal person enterprise, it can bear civil liability independently with its own property; enterprise does not have legal personality, so it can't bear civil liability independently with the enterprise's property, the enterprise's property is not enough to repay the debt, but also rely on the partner's personal property to repay.
4, the responsibility of liability is different. The shareholders of the company are limited liability, and the partners are unlimited joint and several liability.
5, different size. Businesses are generally small, because it relies on the basis of human credit to set up, its size is unlikely to be too large. And the company, especially the limited company, the size will be very large, the number of shareholders is also a large number. Of course, there will be some partnerships will be larger, but generally the size of the partnership is smaller than the company.
6, different ways of capital contribution. The partners of the enterprise can be funded with labor, while the shareholders of the company can not.
7, the registered capital requirements are different. Establishment of enterprises without the minimum registered capital limit, while the establishment of the company has a minimum capital requirements, the statutory minimum registered capital of limited liability companies for 100,000 yuan -500,000 yuan, limited liability company statutory minimum registered capital is 10 million yuan. Difference and connection:The company refers to the provisions of the company law, and the establishment of limited liability companies, joint-stock companies, wholly state-owned companies, etc., and the enterprise has a broad and narrow points, the broad sense of the enterprise, including the company, including the other does not have the legal personality of the business entity, such as sole proprietorships, partnerships, etc., the narrow sense of the enterprise only refers to the latter.
On the types of companies and enterprises, China's "Company Law", "Joint Venture Law", "Sino-Foreign Cooperative Enterprise Law", "Sino-Foreign Joint Venture Law", "Foreign Enterprise Law", "Wholly Owned Individual Enterprises Law", and other laws and regulations have relevant regulations.
Enterprise corporations include: nationally owned enterprises (i.e., state-owned enterprises), collectively owned enterprises, joint ventures, three-funded enterprises, private enterprises and other enterprises. The types of companies are further divided into two types: limited liability companies and joint-stock companies, of which limited liability companies are further divided into wholly state-owned companies and non-state-owned companies. In a broad sense, the state-owned companies to capital contribution to distinguish, can be divided into wholly state-owned companies, state-owned holding companies and state-owned companies.