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A company as a legal person is an organizational form of an enterprise. For-profit corporation. Also known as commercial company in capitalist countries, it is a profit-making enterprise organization established in accordance with commercial law or related laws, including unlimited companies, limited companies, joint-stock companies and joint-stock companies. The corporate legal person in Anglo-American law is different from the corporate legal person in continental law, which includes both for-profit and non-profit, and only refers to limited liability companies. At present, there are various forms of companies in China, which are generally divided into fund-raising and non-fund-raising types. Fund-raising companies, similar to those in western countries, are established by shareholders and are an important form of joint venture. Non-fund-raising companies are single enterprises, such as Anshan Iron and Steel Company. Characteristics of corporate legal person
The characteristics of corporate legal person in China are: it is established by investors or shareholders through legal acts; For the purpose of making profits; The founders are not limited, but can be units authorized by state-owned property to invest or operate, other types of legal persons and individuals; Its normative basis, especially the company law.
2 company classification
According to the company law of our country, there are two basic types of enterprise legal persons in our country, namely limited liability company and joint stock limited company. Among them, a limited liability company is an enterprise legal person established by less than 50 shareholders; A joint stock limited company is a corporate legal person established by means of initiation or offering.
(1) Limited liability company
In China, limited liability companies include ordinary limited liability companies, one-person limited liability companies and wholly state-owned companies. An ordinary limited liability company is a limited liability company established by more than 2 shareholders and less than 50 shareholders. Shareholders shall receive dividends according to the proportion of their capital contribution, and bear the debts owed by the company to the outside world to the extent of their capital contribution.
A one-person limited liability company refers to a limited liability company with only one natural person shareholder or one corporate shareholders. The minimum registered capital of a one-person limited liability company is RMB 654.38 million. Shareholders shall pay in full the capital contribution stipulated in the Articles of Association. A natural person can only invest in the establishment of a one-person limited liability company. A one-person limited liability company cannot invest in the establishment of a new one-person limited liability company. If the shareholders of a one-person limited liability company cannot prove that the company's property is independent of the shareholders' own property, they shall be jointly and severally liable for the company's debts.
A wholly state-owned company refers to a limited liability company which is solely funded by the state and authorized by the State Council or the local people's government to perform the responsibilities of the investor. A wholly state-owned company does not have a shareholders' meeting, and the state-owned assets supervision and administration institution shall exercise its functions and powers.