Companies and groups generally have the following four differences:
1, independent. The company is an independent legal person and the group is not an independent legal person;
2. Parties to non-governmental economic activities. The group is composed of several companies and cannot be a party to non-governmental economic activities;
3. management. The group manages all branches in a unified way, and the company can only take care of itself;
4. Responsibility system. All the company's property is liable for debts. Shareholders of a limited liability company are responsible for the company's capital contribution, and shareholders of a joint stock limited company are responsible for the company's subscription of shares.
Article 3 of the Company Law of People's Republic of China (PRC) is an enterprise legal person, with independent legal person property and legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
The difference between company and partnership
The difference lies in their different foundations, different requirements for investors, different legal status, different property relations, different personal relationships between investors and different ways of ultimate responsibility. Because the company belongs to a legal person and the partnership belongs to an unincorporated organization. Specific partnership enterprises are based on partnership agreements and have the characteristics of agreements. The company is based on the articles of association and has legal characteristics; The partnership enterprise is based on the fact that the partners should bear unlimited joint liability and "human partnership", and the partners should be natural persons and the company has no restrictions in this respect; Compared with a company, a partnership has a relatively independent personality and does not have legal personality. The company has absolute independent personality and legal personality; Partnerships only emphasize the relative independence of property, while companies emphasize the independent legal person property rights.
Article 57 of the Civil Code of People's Republic of China (PRC)
A legal person is an organization that has the capacity for civil rights and civil conduct, enjoys civil rights and undertakes civil obligations independently according to law.
Article 102
An unincorporated organization refers to an organization that does not have legal personality, but can engage in civil activities in its own name according to law.
Non-corporate organizations include sole proprietorship enterprises, partnerships and professional service institutions without legal personality.
Learning experience of kindergarten teachers 1
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