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Is sole proprietorship of natural person unlimited joint liability

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Source: Legal Chart Compilation · 2024.06.22 · 1722 people have seen it
Guide: According to relevant laws and regulations, a natural person sole proprietorship company shall bear unlimited civil liability. The name of a sole proprietorship enterprise shall reflect its form of responsibility and main business. The state, collective or individual may establish limited liability companies, joint stock limited companies, etc. according to law. For the real estate or movable property invested in the enterprise, the investor shall enjoy the benefits, decision-making and selection rights according to the agreement or proportion, and bear the corresponding obligations.
 Is sole proprietorship of natural person unlimited joint liability

1、 Natural person sole proprietorship Unlimited joint liability

According to relevant laws statute A company founded by a natural person alone should bear unlimited civil liability

As for the naming of a sole proprietorship enterprise, its name should be consistent with the way of assuming responsibility and its main business.

In China, the state, collective or individual has the right to invest in the establishment of company with limited liability limited company Or other types of enterprises.

When the real estate or movable property owned by the state, the collective and the individual is invested in the enterprise, the contributor has the right to enjoy the right of return of assets, the right to make major decisions and the right to select the enterprise's management according to the agreement or the proportion of contribution, and also needs to bear the corresponding obligations.

The People's Republic of China Individual Proprietorship Enterprise Law

Article 8

The establishment of a sole proprietorship enterprise shall meet the following conditions:

(1) The investor is a natural person;

(2) Having a legal enterprise name;

(3) Capital contribution declared by investors;

(4) Having a fixed place for production and business operation and necessary conditions for production and business operation;

(5) There are necessary employees. Article 39

The sole proprietorship enterprise, in violation of the provisions of this Law, infringes upon the legitimate rights and interests of employees and fails to protect their labor safety, does not pay social insurance The expenses shall be punished in accordance with the relevant laws and administrative regulations, and the relevant responsible persons shall be held accountable.

2、 What is a natural person sole proprietorship

Natural person sole proprietorship, also known as individual proprietorship, is a special form of enterprise.

The full name of this type of enterprise is "sole proprietorship enterprise" (hereinafter referred to as "sole proprietorship enterprise"). It is an economic organization with a profit nature, whose financial resources are fully owned by investors, and is invested and founded by a single natural individual or natural person.

Sole proprietorship, as a form of enterprise with a long history, although it has undergone changes, it still appears frequently in all kinds of business operation environments, especially with the characteristics of individual capital contribution, individual management, individual undertaking of profits and losses and risks faced.

Article 2 of the Law of the People's Republic of China on Wholly Owned Enterprises

The term "sole proprietorship enterprise" as used in this Law means an enterprise established within the territory of China in accordance with this Law;

Invested by a natural person, the property is owned by the investor himself, and the investor uses his personal property to Debt assumption An operating entity with unlimited liability.

Law is a universal constraint, which not only protects our rights and interests, but also regulates our behavior. Each of us should fully understand and understand the law in order to better protect our rights and better live in this society ruled by law. As the title of this article raises the question, "Is sole proprietorship of natural persons an unlimited joint and several liability?" The study and understanding of law is a long-term task that requires our constant efforts and exploration. We should cherish this process and regard it as an opportunity for self-improvement so as to better adapt to social development and change.

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