Detailed Explanation: Various Forms Of The Company
Form of company
It refers to a limited liability company which is solely invested by the state and authorized by the State Council or the local people's government to supervise the state-owned assets of the people's government at the corresponding level.
Limited liability company
1, the minimum registered capital is 30 thousand.
(1) shareholders should be jointly funded by more than 2 or less shareholders when the quorum meets the quorum.
(2) shareholders' contribution reaches the minimum amount of statutory capital.
(3) shareholders jointly formulate the articles of Association;
(4) having a company name and establishing an organization that meets the requirements of a limited liability company;
(5) there are fixed places for production and operation and necessary conditions for production and operation.
2, one person limited liability company: the minimum registered capital is 100 thousand yuan.
(1) a shareholder is a natural person or a legal person;
(2) a natural person can only register one person company.
(3) the registered capital of a one person limited company must be paid at one time.
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Limited company
The minimum registered capital is 5 million yuan.
The initial contribution of all the sponsors of the company shall not be less than twenty percent of the registered capital, and the rest shall be paid within two years from the date of the establishment of the company, and the investment company may pay the full amount within five years.
No shares can be raised before others are paid.
Where a limited liability company is established by way of collection, the registered capital shall be the total amount of paid up capital registered with the company registration authority.
After the establishment of a joint stock limited liability company, the sponsors shall pay the capital contributions in accordance with the provisions of the articles of association, and other promoters shall be jointly and severally liable.
(1) the establishment of a limited liability company shall consist of more than 2 or less than 200 sponsors, of whom more than half of the sponsors shall have domicile in China.
When a state-owned enterprise is converted into a joint stock limited liability company, it shall adopt the way of collection and establishment.
(2) the promoter of a limited liability company must subscribe for the shares to be subscribed in accordance with the law and assume the company's preparation affairs.
(3) the establishment of a limited liability company by way of collection must be approved by the department authorized by the State Council or by the provincial people's government.
(4) the registered capital of a joint stock limited liability company is the total amount of paid up capital registered in the company registration authority;
(5) the minimum registered capital of a limited liability company is RMB 5 million yuan.
If the minimum registered capital of a limited liability company is higher than the above-mentioned limit, it shall be separately stipulated by laws and administrative regulations.
Individual industrial and commercial households
There is no minimum requirement for the registration system of registered capital.
(1) urban unemployed persons, rural villagers and other personnel permitted by the state policy may apply for individual business operations.
(2) the applicant must have the funds, business sites, operational capacity and business skills corresponding to the project.
Individual proprietorship enterprise
There is no minimum requirement for the registration system of registered capital.
(1) the investor is a natural person;
(2) having a legitimate business name;
(3) capital contributions declared by investors;
(4) there are fixed places for production and operation and necessary conditions for production and operation.
(5) the necessary practitioners.
Private partnership
There is no minimum requirement for the registration system of registered capital.
A partnership refers to a general partnership and limited partnership established by natural persons, legal persons and other organizations in China according to this law.
General partnership is composed of general partners, and partners have unlimited joint and several liability for partnership debts.
This Law stipulates specifically the form of liability for general partners.
A limited partnership consists of a general partner and a limited partner. The general partner has unlimited joint and several liability for the debts of the partnership. The limited partners are liable for the debts of the partnership on the basis of the amount of capital they subscribed.
General partnership:
(1) there are more than two partners and are liable for unlimited liabilities according to law.
(2) there is a written partnership agreement.
(3) capital contributions actually paid by partners;
(4) the name of a partnership;
(5) there are necessary conditions for business premises and partnerships.
(6) partners should be persons with full civil capacity;
(7) those prohibited by law and administrative regulations from engaging in for-profit activities shall not become partners of partnership enterprises.
Note: partners may make contributions by currency, material object, land use right, intellectual property right or other property rights; the above capital contribution shall be the lawful property and property rights of the partners.
The assessment of the cost of capital contribution beyond the currency can be determined through consultation by all partners, or by a statutory assessment institution entrusted by all partners.
After all partners have reached a consensus, partners can also make contributions by labor service, and the assessment method shall be determined by all partners.
Other
Non corporate enterprises
A legal person or other economic organization with investment qualifications.
Foreign enterprises: the foreign party is the company, legal person, other economic organizations and natural persons. The Chinese side is the company, legal person and other economic organizations.
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