1, different identities:
(1) Partners are investors in general partnerships and limited partnerships established in accordance with relevant laws, that is, unincorporated organizations;
(2) Shareholders are limited liability companies or joint stock limited companies established in accordance with relevant laws, that is, investors of independent legal persons.
2. Different contributions:
(1) The general partner can contribute in cash, in kind, intellectual property rights, land use rights and other properties, or in labor services;
(2) Shareholders are not allowed to contribute capital by labor services.
3, different forms of responsibility:
(1) The partnership enterprise has no independent liability capacity because it does not have the legal person qualification;
(2) The general partner shall bear unlimited joint liability for the debts of the partnership.
The important positions of partners are mainly as follows:
1, the partner is the owner of the enterprise and has a great influence on the enterprise. Choosing a good partner is the top priority of starting a business. The strength of partners largely determines the strength of enterprises, and the quality of partners will greatly affect the final achievements of enterprises. Partner is the gene of an enterprise, which not only determines the origin of the enterprise, but also determines its future.
2. The partner is the largest investor of the company and the person who mainly participates in the equity distribution. Partnership is a marriage that is close to long-term and deep combination. Once you choose a partner, whether he likes it or not, he will accompany the enterprise for life. The highest principle of commercial civilization is that the rights of shareholders (including partners here) are sacred and inviolable, no matter how they acquire equity; Since you are a shareholder, you can't deprive your equity for any reason, including the principle that the minority is subordinate to the majority; If the partners break up, the enterprise will be hurt, especially in today's era of lack of integrity in China. Once you choose the wrong person, it is not only difficult to establish a sincere cooperative relationship, but even it will be extremely difficult to break up;
3. At least half of China's failures are due to problems with its partners. People can often overcome adversity, but not wealth. Once the enterprise becomes stronger and bigger, the contradiction between partners will follow; Almost every private enterprise has experienced the separation and integration of partners in the development process.
To sum up, for a company, whether it is a limited liability company or a joint stock limited company, it has independent legal person qualification and independent enterprise property rights, and is liable for the company's debts with all its property. Shareholders only bear limited liability within the scope of capital contribution.
Legal basis:
Article 11 of the Partnership Enterprise Law of People's Republic of China (PRC)
Partners may contribute their capital in cash, in kind, intellectual property rights, land use rights or other property rights, or they may contribute their capital in labor services.
Where a partner contributes capital in kind, intellectual property rights, land use rights or other property rights, it may be determined by all partners through consultation, or it may be entrusted by all partners to a statutory appraisal agency for appraisal.
Article 24 of the Company Law of People's Republic of China (PRC)
Shareholders can contribute capital in cash, in kind, industrial property rights, non-patented technology and land use rights. Physical objects, industrial property rights, non-patented technologies or land use rights as capital contributions must be appraised and valued, and the property must be verified, and the valuation shall not be overestimated or underestimated. The evaluation and pricing of land use rights shall be handled in accordance with the provisions of laws and administrative regulations.