Construct a modern enterprise system

Author: Compiler: Wang Guoping
Publisher:
Publish Date: 2002-01-01
Features: Overall, any enterprise organization with clear property rights, established legal person property system, and liability for limited responsibilities can become the organizational form of the modern enterprise system. Among them, the corporate system is the most representative form.
1. Types of Companies
The classification of company types varies depending on different legal systems, resulting in certain differences. The legal systems of Western countries are divided into two major systems due to cultural backgrounds and historical traditions: the civil law system, represented by major capitalist countries on the European continent, and the common law system, represented by the United Kingdom and the United States. In civil law countries, companies are generally classified into types such as unlimited companies, limited liability companies, joint-stock companies, and limited partnerships based on the form of capital representation and the form of shareholder liability. Additionally, some civil law countries' company laws include a special form of joint-stock company, known as a limited partnership company.
(1) Company Classification in the Common Law System
In the common law system, companies are legally classified based on their formation methods, divided into three categories: chartered joint-stock companies, statutory joint-stock companies, and companies registered under company law. Chartered joint-stock companies are those established by royal charter and are the oldest form of companies in the United Kingdom, now rarely seen. Statutory joint-stock companies are established under specific acts of Congress, created by Congress based on social needs, often engaged in public utility businesses. Companies registered under company law are the most common form in countries like the United States and the United Kingdom. This type of company has various subtypes, such as publicly traded companies that raise funds from the public, private companies that do not raise funds publicly, and limited guarantee companies where shareholders do not actually invest at the time of company formation or operation but are only liable to creditors with the portion of subscribed capital they have pledged upon the company's dissolution (commonly seen in charitable and educational institutions). Although the legal systems differ and the standards for classifying companies also vary, the main forms of companies share many similarities. The most familiar company forms in China are primarily classified based on the liability of company shareholders to company creditors, including unlimited companies, limited liability companies, joint-stock companies, and limited partnership companies.
(2) Company Classification in the Civil Law System
Civil law scholars often classify these companies into "personalty companies" and "capital companies" based on their external creditworthiness. The former emphasizes the conditions of the shareholders themselves, with the most typical example being unlimited companies. The latter emphasizes the amount of company assets, with the most typical example being joint-stock companies. Limited partnership companies can be categorized as personalty companies. Limited liability companies, where shareholder liability is limited to their investment, are capital companies, while those requiring additional responsibility within a certain range should be classified as personalty companies. Based on the subordination of one company to another, they can be divided into parent companies and subsidiaries. Based on the ownership of company shares, they can be divided into closed companies and open companies, with the former's shares generally held by founders and not freely transferable, while the latter can be publicly offered or freely traded in the market. Based on the nationality of the company, they can be divided into domestic companies, foreign companies, and multinational companies.
2. Main Forms of Companies
(1) Limited Liability Company