A legal basis

 

Partnership enterprise refers to a profit-making organization established within the territory of China by natural persons, legal persons or other organizations in accordance with the Partnership Enterprise Law of the People's Republic of China and consisting of two or more partners who enter into a partnership agreement to jointly contribute capital, operate as a partnership, share benefits and share risks for the purpose of operating a common enterprise. It includes general partnership and limited partnership.

 

Ii. Classification of partnerships

 

1. A general partnership consists of two or more general partners (no upper limit), and the partners bear unlimited joint and several liability for the debts of the partnership.

 

2. A limited partnership is composed of two or more general partners and limited partners and less than 50 persons, of which at least one general partner is a limited partnership, when only the general partner is left, it shall be converted into a general partnership, if only the limited partner is left, it shall be dissolved. The general partner shall bear unlimited joint and several liability for the debts of the partnership, and the limited partner shall bear liability for the debts of the partnership within the limit of the amount of capital contribution he has subscribed.

 

There are five characteristics of partnership

 

(1) Life is limited. Partnerships are easier to set up and dissolve. The partnership is established when the partners sign the partnership agreement. The entry of a new partner, the retirement, death, voluntary liquidation, bankruptcy liquidation, etc. of an old partner may result in the dissolution of the original partnership and the establishment of the new partnership.

 

(2) Unlimited liability. The partnership as a whole has unlimited liability to creditors. According to the responsibilities of the partners to the partnership, the partnership can be divided into general partnership and limited partnership. Each partner of a general partnership is a general partner and shall bear unlimited joint and several liability for the debts of the partnership. For example, when a partnership established by A, B and C goes bankrupt, when A and B have no personal assets to pay off the debts owed by the enterprise, although C has paid off the debts due to be shared in accordance with the agreement, it is still obliged to use its personal property to pay off the debts owed by A and B, and of course, C has property recourse against A and B at this time. A limited liability partnership consists of one or more general partners and one or more limited partners, that is, at least one of the partners has unlimited liability for the business activities of the enterprise, while the other partners can only assume liability for debt repayment within the limit of their capital contribution, so such partners generally do not directly participate in the business management activities.

 

(3) Mutual agency. The business activities of a partnership shall be decided jointly by the partners, who shall have the right to execute and supervise them. The partners may elect the directors. All partners shall bear civil liability for the business activities of the persons in charge of the partnership and other personnel. In other words, the economic acts performed by each partner on behalf of the partnership are binding on all partners. As a result, disputes between partners are more likely to occur.

 

(4) Common ownership of property. The property invested by the partners shall be managed and used by the partners in a unified manner. Without the consent of the other partners, no partner may use the partnership property for other purposes. A partner who provides only services but no capital shares only a portion of the profits and is not entitled to share in the partnership property.

 

(5) Benefit sharing. The property acquired or accumulated by the partnership in the course of its production and business activities shall be jointly owned by the partners. Any loss will be shared by the partners. The proportion of profit and loss shall be clearly specified in the partnership agreement; Any unprescribed contribution may be apportioned in proportion to the partners' contribution, or equally apportioned. Unless otherwise provided, a partner who uses his services as capital shall generally not share in the loss.

 

Fourth, the materials you will receive after the handover of company materials 1, a copy of the business license

 

2. Certified copy of institution code

 

3, tax registration certificate copy, tax approval

 

4. Articles of Association

 

5, official seal, financial seal, corporate seal, engraved card

 

6, bank confirmation letter (or capital verification report) [subscription system customers do not have this]