Three Person Company
A person can open a limited liability company at 50 thousand yuan!
The draft amendment to the new company law is proposed to be submitted to the relevant departments for deliberation. The draft proposal proposes that a natural person can invest in the establishment of 1 limited liability companies with a minimum registered capital of 50 thousand yuan.
The 50 thousand yuan is either cash or real estate, intellectual property, non patented technology, land use rights, equity and so on. The amount of cash contribution is not less than 30%.
"If we had such a situation, it would be better to open a limited liability company. The operator of a limited liability company has limited liability, and the relative risk is much smaller."
A private proprietorship said.
So.
Which one is better than a private limited company or a private proprietorship or a self-employed person?
5 million yuan can open a limited company: Guo Yang: according to the current company law, the limited liability company must be composed of 2 to 50 natural persons or legal persons. The requirements for registered capital are divided into four kinds according to the specific industry types: the lowest in science and technology development and consulting service companies, 100 thousand yuan in registered capital, and 500 thousand yuan in the minimum registered capital for production and operation.
If the new draft company law is passed and the form of one person limited liability company is feasible, then a person can open a limited liability company at 50 thousand yuan.
Not only that, the investment structure has also changed.
The proposed one person company can not contribute less than 30% of the cash contribution. Maybe you only have 15 thousand yuan of funds. As long as other forms of investment are assessed, the value of the 50 thousand yuan can be opened to a limited liability company. Compared with the present, the threshold has been greatly reduced.
Reporter: there are many forms of individual proprietorship. Compared with other individual proprietorship enterprises, what advantages does a one person limited liability company have?
The risk of joint and several liability has been greatly reduced. Guo Yang: at present, the form of individual enterprises is generally self-employed or privately owned enterprises. Under these two forms, operators should bear unlimited joint and several liability.
For example, if there is a debt crisis, the proprietor or proprietorship operator may have to compensate for his personal property.
A limited liability company is a shareholder whose liability is limited to the company. That is to say, if the company carries a debt of 500 thousand yuan, and now the company's total assets are only 300 thousand yuan, only 300 thousand yuan will be paid.
So the risk is relatively small.
Business operators are often very contradictory. For example, small retailers need less capital to start businesses. One person is enough to manage them. But in the form of self-employed or private-owned enterprises, they are afraid of losing money and losing money. They want to reduce risk by adopting the form of limited liability companies, but in this form, they need more capital and more partners, making it difficult for entrepreneurs to choose.
In fact, some foreign countries have adopted this way.
Zhou Hai Na: Yes, a friend I know, his company was founded in 2000, registered capital of 1 million, that is, taking into account the risk of choosing the form of a limited liability company, in fact, according to the company's actual situation, one person can run.
If it had been this way, it would not have been so troublesome.
Compared with individual proprietorship, shareholders of a one person limited liability company do not have unlimited liability.
Just two decisions on "one's own decision" and "no responsibility for losing a fortune" is enough to make many people feel tempted.
Reporter: this form must be labeled as "one person limited liability company".
What is the difference between the risks and benefits of "one person limited liability company" compared with other limited liability companies?
Wanjiang: in fact, there is more than one layer of risk consideration.
One person company's financial personnel strength is limited, and there is paction risk. There may be relevant system design to avoid this risk.
For example, the shareholder funded inspection capital is more stringent, the external periodic accounting audit system, the internal company organs of some specific special provisions, not allow one company to set up a company, not allow shareholders to set up a number of one company and so on.
To avoid the disputes between partners, the reporter: since this is so good, is there any room for other forms of sole proprietorship?
Zhou Hai Na: you can't say that either.
It has little impact on large enterprises and high threshold enterprises.
But for those who need less capital and the owner of the patent, the form of one person limited liability company may be more suitable.
If you have the right opportunity, you can consider creating such a "one man company". Think of it, "if you have the right project or creativity, play it, maybe you will create a career."
Guo Yang: many companies are worried about risk and want to turn into a limited liability company. Some of them are really unable to set up a nominal shareholder.
Although the nominal shareholders do not have any investment and operation, once they earn money, they will say, "why do I not share dividends?"
Those industries that need large amounts of money, but do not need so many people to participate in the stock market, can consider this pformation. For example, some couples shop and know-how shop can consider this situation now.
In fact, it is hard for the specific industry to say that the new form of this kind of industry may be more suitable for industries such as wholesale and retail capitals with little capital demand. I think there will be more agents willing to choose the form of one person company.
However, a one person company is subject to a stricter regulation, and the sole proprietorship is less regulated.
Each of them has advantages and disadvantages, and more and more wholly owned enterprises may turn into individual companies, but individual companies will not completely eliminate the form of sole proprietorship.
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