How to distinguish personal debt from corporate debt;
Corporate bonds and personal bonds are distinguished by whether the contract is stamped with the official seal of the company. Corporate debt refers to the creditor-debtor relationship between a company and a specific person, including corporate loans, accounts payable, unpaid purchases, etc. For debts belonging to the company, the contract signed by both parties shall be stamped with the official seal of the company. Personal debt has nothing to do with the company.
Article 16 of the Regulations of People's Republic of China (PRC) Municipality on the Administration of Registration of Enterprise Legal Persons.
An enterprise as a legal person shall be established after applying for industrial and commercial registration, being approved and registered by the registration authority and obtaining the Business License for Enterprise as a Legal Person. An enterprise as a legal person can engrave the official seal, open a bank account, sign a contract and carry out business activities with the Business License for Enterprise as a Legal Person. The registration authority may issue a copy of the business license of an enterprise as a legal person according to the business needs of the enterprise as a legal person.
The debt problem of a sole proprietorship company;
First of all, it is necessary to determine whether it is a sole proprietorship enterprise or a sole proprietorship company. These are two completely different organizational forms:
1. Different investors. A sole proprietorship enterprise can only be established by natural persons; A one-person company may be established by a natural person, a legal person or a unit.
2. Different academic qualifications. A sole proprietorship enterprise belongs to an unincorporated organization and has no legal personality; One-man company, as a kind of company, belongs to enterprise legal person.
3. Different responsibilities. The investors of a sole proprietorship enterprise shall bear unlimited liability for the debts of the enterprise; The investors of a one-man company are only limited to the amount of their capital contribution to bear limited liability for the company's debts.
4. The registered capital requirements are different. There is no statutory minimum registered capital requirement for a sole proprietorship enterprise; According to the law, the minimum registered capital of a one-person company is 654.38 million yuan, which must be paid in full when it is established.
5. The legal basis for its establishment is different. A sole proprietorship enterprise established in accordance with the sole proprietorship enterprise law; A one-person company is established in accordance with the Company Law.