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Căn cứ Nghị định số 78/2015/NĐ-CP của Chính phủ: Về đăng ký doanh nghiệp

Căn cứ Luật Doanh nghiệp 68/2014/QH13

1. Công ty trách nhiệm hữu hạn (TNHH)

2. Công ty cổ phần (CP)

3. Công ty hợp danh (HD)

4. Doanh nghiệp tư nhân (TN)

Công ty trách nhiệm hữu hạn (TNHH) bao gồm:

(Chương III – Mục 1 – Điều 47) Công ty TNHH 2 thành viên trở lên

1) Công ty TNHH 2 thành viên trở lên là doanh nghiệp, trong đó:

a) Thành viên có thể là tổ chức, cá nhân; số lượng thành viên không vượt quá 50;

b) Thành viên chịu trách nhiệm về các khoản nợ và nghĩa vụ tài sản khác của doanh nghiệp trong phạm vi số vốn đã góp vào doanh nghiệp, trừ trường hợp quy định tại khoản 4 Điều 48 của Luật này;

c) Phần vốn góp của thành viên chỉ được chuyển nhượng theo quy định tại các điều 52, 53 và 54 của Luật này.

2) Công ty TNHH 2 thành viên trở lên không được quyền phát hành cổ phần.

(Chương III – Mục 2 – Điều 73 ) Công ty TNHH 1 thành viên

1) Công ty TNHH 1 thành viên là doanh nghiệp do 1 tổ chức hoặc 1 cá nhân làm chủ sở hữu (sau đây gọi là chủ sở hữu công ty); chủ sở hữu công ty chịu trách nhiệm về các khoản nợ và nghĩa vụ tài sản khác của công ty trong phạm vi số vốn điều lệ của công ty.

2) Công ty TNHH 1 thành viên không được quyền phát hành cổ phần.

Công ty cổ phần (chương V – Điều 110)

1) Công ty cổ phần là doanh nghiệp, trong đó:

a. Vốn điều lệ được chia thành nhiều phần bằng nhau gọi là cổ phần;

b. Cổ đông có thể là tổ chức, cá nhân; số lượng cổ đông tối thiểu là 3 và không hạn chế số lượng tối đa;

c. Cổ đông chỉ chịu trách nhiệm về các khoản nợ và nghĩa vụ tài sản khác của doanh nghiệp trong phạm vi số vốn đã góp vào doanh nghiệp;

d. Cổ đông có quyền tự do chuyển nhượng cổ phần của mình cho người khác, trừ trường hợp quy định tại khoản 3 Điều 119 và khoản 1 Điều 126 của Luật này.

2) Công ty cổ phần có quyền phát hành cổ phần các loại để huy động vốn.

Công ty hợp danh (chương VI – Điều 172)

1) Công ty hợp danh là doanh nghiệp, trong đó:

a. Phải có ít nhất 2 thành viên là chủ sở hữu chung của công ty, cùng nhau kinh doanh dưới 1 tên chung (sau đây gọi là thành viên hợp danh). Ngoài các thành viên hợp danh, công ty có thể có thêm thành viên góp vốn;

b. Thành viên hợp danh phải là cá nhân, chịu trách nhiệm bằng toàn bộ tài sản của mình về các nghĩa vụ công ty;

c. Thành viên góp vốn chỉ chịu trách nhiệm về các khoản nợ của công ty trong phạm vi số vốn đã góp vào công ty.

2) Công ty hợp danh không được phát hành bất kỳ loại chứng khoán nào.

Doanh nghiệp tư nhân (Chương VII – Điều 183)

1) Doanh nghiệp tư nhân là doanh nghiệp do 1 cá nhân làm chủ và tự chịu trách nhiệm bằng toàn bộ tài sản của mình về mọi hoạt động của doanh nghiệp.

2) Doanh nghiệp tư nhân không được phát hành bất kỳ loại chứng khoán nào.

3) Mỗi cá nhân chỉ được quyền thành lập 1 doanh nghiệp tư nhân. Chủ doanh nghiệp tư nhân không được đồng thời là chủ hộ kinh doanh, thành viên công ty hợp danh.

4) Doanh nghiệp tư nhân không được quyền góp vốn thành lập hoặc mua cổ phần, phần vốn góp trong công ty hợp danh, công ty TNHH hoặc công ty cổ phần.

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