新闻资讯
NEWS AND INFORMATION法人财产权和股权的相互关系
发布时间:2024-10-27 来源:http://www.daoshangbao.com/
(一)股权与法人财产权同时产生,它们都是投资产生的法律后果。
(1) Equity and corporate property rights arise simultaneously, both of which are legal consequences of investment.
(二)从总体上说股权决定法人财产权,但也有特殊和例外。因为股东大会是企业法人的权利机构它做出的决议决定法人必需执行。而这些决议、决定正是投资人行使股权的集中体现。所以通常情况下,股权决定法人财产权。股权是法人财产权的内核,股权是法人财产权的灵魂。但在承担民事责任时法人却无需经过股东大会的批准、认可。这是法人财产权不受股权辖制的一个例外。这也是法人制度的必然要求。
(2) Overall, equity determines the property rights of a legal entity, but there are also special and exceptional circumstances. Because the shareholders' meeting is the governing body of the corporate entity, the resolutions it makes must be implemented by the legal entity. And these resolutions and decisions are the concentrated manifestation of investors exercising their equity. So usually, equity determines the property rights of a legal person. Equity is the core of a legal person's property rights, and equity is the soul of a legal person's property rights. But when assuming civil liability, the legal person does not need to obtain approval or recognition from the shareholders' meeting. This is an exception where the property rights of legal persons are not subject to the jurisdiction of equity. This is also an inevitable requirement of the legal person system.
(三)股权从某种意义上说也可以说是对法人的控制权,取得了企业法人百分之百的股权,也就取得了对企业法人百分之百的控制权。股权掌握在国家手中,企业法人最终就要受国家的控制;股权掌握在公民手中,企业法人最终就要受公民的控制;股权掌握在母公司手中,企业法人最终就要受母公司的控制。这是古今中外不争的社会现实。
(3) In a sense, equity can also be considered as control over a legal entity. By acquiring 100% equity of a corporate entity, one obtains 100% control over the corporate entity. The equity is held by the state, and the legal entity of the enterprise is ultimately subject to state control; If the equity is held by citizens, the legal entity of the enterprise will ultimately be controlled by the citizens; The equity is held by the parent company, and the legal entity of the enterprise is ultimately under the control of the parent company. This is an undisputed social reality from ancient times to the present, both domestically and internationally.
(四)股权转让会导致法人财产的所有权整体转移,但却与法人财产权毫不相干。企业及其财产整体转让的形式就是企业股权的全部转让。全部股权的转让意味着股东大会成员的大换血,企业财产的易主。但股权全部转让不会影响企业注册资本的变化,不会影响企业使用的固定资产和流动资金;不会妨碍法人以其财产承担民事责任。所以法人财产权不会因为股权转让而发生改变。
(4) The transfer of equity will result in the overall transfer of ownership of the legal person's property, but it has nothing to do with the legal person's property rights. The form of overall transfer of a company and its property is the complete transfer of the company's equity. The transfer of all equity means a major change in the members of the shareholders' meeting and a change of ownership of the company's assets. But the complete transfer of equity will not affect the changes in the registered capital of the enterprise, nor will it affect the fixed assets and working capital used by the enterprise; It will not hinder the legal person from assuming civil liability with its property. So the property rights of the legal entity will not change due to the transfer of equity.
股权与合伙组织财产权的相互关系与以上情况类似。
The relationship between equity and property rights of partnership organizations is similar to the above situation.
股权虽然不能完全等同于所有权,但它是所有权的核心内容。享有股权的投资人是财产的所有者。股权不能离开法人财产权而单独存在,法人财产权也不能离开股权而单独存在。
Although equity cannot be completely equated with ownership, it is the core content of ownership. The investor who enjoys equity is the owner of the property. Equity cannot exist separately from the property rights of the legal entity, and the property rights of the legal entity cannot exist separately from equity.
本文来自:济南股权激励更多的内容请点击:http://www.daoshangbao.com我们将会为您提问的问题提供一个满意的服务,欢迎您的来访光临!
This article is from Jinan Equity Incentives. For more content, please click: http://www.daoshangbao.com We will provide satisfactory service for the questions you ask, and welcome your visit!