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党中央指出:“实行公司制不是简单更换名称,也不是单纯为了筹集资金,而要着重于转换机制”。为了区分行政性公司与企业性公司的性质、地位、权限等方面的关系,加速公司化建设,笔者从近年来组建公司的实践中,总结出企业性公司同行政性公司的十点区别,供各地在组建公司时参考。 1.从公司性质来讲,行政性公司是政府的一级行政管理机构,其性质是“政”;企业性公司是自主经营的经济实体,其性质是“企”。党政分开,这是最根本的区别。 2.从法人地位来讲,行政性公司无法人地位,不进行工商登记,无营业执照,不承担法律和经济责任,只承担相应的领导责任;企业性公司有法人地位,进行工商登记,有营业执照,承担法律和经济责任。
The Party Central Committee pointed out: “The implementation of the company system is not a simple change of name, nor is it simply to raise funds, but to focus on the conversion mechanism.” In order to differentiate the relationship between administrative companies and corporate corporations in terms of their nature, status, and competence, and to speed up corporatization, the author summarizes the ten differences between corporate corporations and administrative corporations in the practice of setting up companies in recent years. Reference is made everywhere when setting up a company. 1. From the perspective of the nature of the company, the administrative company is the government’s first-level administrative management organization, whose nature is “politics”; an enterprise-based company is an economic entity that operates autonomously and its nature is “enterprise.” The separation between the party and the government is the most fundamental difference. 2. From the perspective of legal person status, an administrative company is incapable of status, does not conduct business registration, does not have a business license, does not assume legal and economic responsibilities, and only assumes corresponding leadership responsibilities; an enterprise-owned company has a legal person status and is registered with industry and commerce. Business license, legal and economic responsibility.