Private Enterprise Versus One member Limited Liability Company
Tran Le The Nhu _ BBA01Qt03
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Private Enterprise and One member limited liability companies
Differences | | Private Enterprise | One member limited liability companies | 1. Capital owner | The owner of enterprise must be an individual (Article 141 – paragraph 1) | Is an enterprise which is owned by one organization or individual (the company owner) (Article 63 – paragraph 1) | 2. Share and security | Shall not be allowed to issue any type of securities (Article 141 – paragraph 2) | Shall not be entitled to issue shares. (Article 63- paragraph 3) | 3. The legal person status | Not have | Have (Article 63 – paragraph 2) | 4. Liable for asset | The enterprise owner is liable for all of its operations with his/her entire property (Article 141 – paragraph 1) | Is liable for debt s and other property liabilities of the company within the charter capital of the company (Article 63 – paragraph 1) | 5. Power | The enterprise owner has the full decision-making power of all business operation (Article 143 – paragraph 1) | The company owner shall have rights. (Article 64) | 6. Capital | The owner may increase or reduce his/her investment capital in business operations of the enterprise. (Article 142 – paragraph 3) | Shall not be allowed to decrease the charter capital (Article 76 –paragraph 1)May increase the charter capital (Article 76 – paragraph 2) | 7. Representative at law | The owner (Article 143 – paragraph 4) | The company’s president or director or general director (Article 74 – paragraph) | Similarities | 1. The owner of a private may directly manage and run business operations of the enterprise or employ another to do so | Article 143 – paragraph 2 | Article 47 – paragraph 2
Compare between
Private Enterprise and One member limited liability companies
Differences | | Private Enterprise | One member limited liability companies | 1. Capital owner | The owner of enterprise must be an individual (Article 141 – paragraph 1) | Is an enterprise which is owned by one organization or individual (the company owner) (Article 63 – paragraph 1) | 2. Share and security | Shall not be allowed to issue any type of securities (Article 141 – paragraph 2) | Shall not be entitled to issue shares. (Article 63- paragraph 3) | 3. The legal person status | Not have | Have (Article 63 – paragraph 2) | 4. Liable for asset | The enterprise owner is liable for all of its operations with his/her entire property (Article 141 – paragraph 1) | Is liable for debt s and other property liabilities of the company within the charter capital of the company (Article 63 – paragraph 1) | 5. Power | The enterprise owner has the full decision-making power of all business operation (Article 143 – paragraph 1) | The company owner shall have rights. (Article 64) | 6. Capital | The owner may increase or reduce his/her investment capital in business operations of the enterprise. (Article 142 – paragraph 3) | Shall not be allowed to decrease the charter capital (Article 76 –paragraph 1)May increase the charter capital (Article 76 – paragraph 2) | 7. Representative at law | The owner (Article 143 – paragraph 4) | The company’s president or director or general director (Article 74 – paragraph) | Similarities | 1. The owner of a private may directly manage and run business operations of the enterprise or employ another to do so | Article 143 – paragraph 2 | Article 47 – paragraph 2