Company, Corporation or Enterprise
when ascertaining the " Corporation Law" to categorize appellation, I spent a few hours. At the Chinese legal profession, distinction among "Company", "Corporation" or "Enterprise" isn't very explicit.
For example:
Company Law of the People’s Republic of China
Law of the People’s Republic of China on Foreign-funded Enterprises
Law of the People's Republic of China on Chinese-Foreign Equity Joint Venture
Law of the People's Republic of China on Individual Proprietorship Enterprises
I noticed that "company law" is generally used in the England (COMPANIES ACT 1985); but in the United States "Corporation Law" is generally used.("Emanuel law outlines")
In order to make it clear , I turned to "Black's Law Dictionary"
and "http://dictionary.law.com" for help.
quoted from Black's Law Dictionary - Eighit Edition :
company
1. A corporation --- or. less commonly, an association, partnership, or union --- that carries on a commercial or industrial enterprise.
2. A corporation, partnership, association, joint-stock company, trust, fund, or organized group of persons, whether incorporated or not, and (in an official capacity) any receiver, trustee in bankruptcy, or similar official, or liquidating agent, for any of the foregoing.
corporation
An entity (usu. a business) having authority under law to act as a single person distinct from the shareholders who own it and having rights to issue stock and exist indefinitely; a group or succession of persons established in accordance with legal rules into a legal or juristic apart from them, who make it up, exists indefinitely apart from them, and has the legal powers that ist constitution gives it.
Enterprise
An organization or venture, esp. for business purposes.
quoted from http://dictionary.law.com/
company
n. any formal business entity for profit, which may be a corporation, a partnership, association or individual proprietorship. Often people think the term "company" means the business is incorporated, but that is not true. In fact, a corporation usually must use some term in its name such as "corporation," "incorporated," "corp." or "inc." to show it is a corporation.
corporation
n. an organization formed with state governmental approval to act as an artificial person to carry on business (or other activities), which can sue or be sued, and (unless it is non-profit) can issue shares of stock to raise funds with which to start a business or increase its capital......
I didn't find the definion of "Enterprise" in "http://dictionary.law.com"
In addition, According to the "Wikipedia, the free encyclopedia"
Corporations law or corporate law is the field of law concerning the creation and regulation of corporations and other business organizations. A corporation is a legal entity that is legally treated, in certain instances, as a person; the corporation can own property, execute contracts, sue, and be sued. In British practice, corporate law is more often called company law.
Corporate law also includes the law governing the relationships among various constituents of a corporation such as shareholders, directors and management. By way of illustrative example, the following are questions of corporate law: (quoted from http://en.wikipedia.org/wiki/Company_law)
Ultimately, I use "Company Law" to refer to "China Company Law" , but use "Corporation Law " so as to categorize appellation, because "Corporation Law " covers the other enterprises.
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