A joint stock company is an organisation which is owned jointly by all its shareholders. Here, all the stakeholders have a specific portion of stock owned, usually displayed as a share. Each joint stock company share is transferable, and if the company is public, then its shares are marketed on registered stock exchanges. Apr 20, · List of Joint-Stock Companies in India. Some Major Ones Include: Tata Motors Limited. Reliance Industries Limited, owned by Mukesh D. Ambani, is a premier example of the joint-stock company in India. State Bank of India. Jindal Steel & Power Ltd. Grasim Industries Ltd. Oil & .
With the technological improvements, the scale of operations has increased. The requirements for finances and managerial resources have gone up.
The traditional forms of organisation such as sole-proprietorship and partnership could not meet the requirements of business. The increase in business volumes also brings in more liabilities. Under these circumstances the company form of organisation developed as the most suitable alternative. In this form of organisation a large number of persons known as shareholders join hands to start a bigger business and the liability of members is also limited to the extent of shares they have subscribed to.
Joint stock company form of organisation was first started in Italy in thirteenth century. In India the first Companies Act was passed in and the principle of limited liability was introduced only in Being a mere creation of law, it possesses only the properties which the charter of its creation confers upon it either expressly or as incidental to its very existence.
An analysis of above mentioned definitions brings out the following facts:. It possesses only those properties which have been conferred on it by the charter of its creation. According to companies Act, a private company is one which has the following characteristics:. A private company is an ideal form of organization when a business is to be expanded at a large scale without involving large number of shareholding groups.
According to Section 31 1 iv of the Indian Companies Act, all companies other than private companies are called public companies. It is a company in which public at large is interested. A private company can be started with just two members whereas a public company required at least seven members.
A private company is not required to file a prospectus or a settlement in lieu of prospectus with the Registrar of Companies. There is no restriction of minimum subscription as in the case of public company. It can directly allot the shares. The company can start its work just after getting a certificate of incorporation. It is exempted from the certificate of commencement. It is not under legal obligation to offer its issue of shares to the what are the characteristics of terrestrial planets shareholders on a pro rata basis as in the case of a public company.
Unless otherwise a higher quorum is provided, the minimum quorum in a general meeting of shareholders is only two members personally present. There is no limit on the remuneration of directors, managers, etc. It can be fixed beyond 11 percent which is a statutory limit for a public company. The promotion of every business requires a process to be followed.
A number of formalities have to be completed before a unit can come into existence. The promotion of a company involves the conceiving of a business opportunity and taking an initiative to give it a practical shape.
A person, a group or even a company may have discovered a business opportunity. You must be logged in to post a comment. Leave a Reply Click here to cancel reply.
Aug 05, · A joint stock company is simply a business entity in which stakes are owned jointly by shareholders and may be traded on the open market. Indian Oil Corporation Ltd. is an oil and natural gas producer and marketing company formed as the result of a merger. The simplest way to describe a joint stock company is that it is a business organisation that is owned jointly by all its shareholders. All the shareholders own a certain amount of stock in the company, which is represented by their shares. Joint Stock Company: Definitions, Types and Other Details. “A Joint Stock Company is a voluntary association of individuals for profit, having a capital divided into transferable shares, the ownership of which is the condition of membership.”.
A joint-stock company is a business entity in which shares of the company's stock can be bought and sold by shareholders. Each shareholder owns company stock in proportion, evidenced by their shares certificates of ownership.
In modern-day corporate law , the existence of a joint-stock company is often synonymous with incorporation possession of legal personality separate from shareholders and limited liability shareholders are liable for the company's debts only to the value of the money they have invested in the company. Therefore, joint-stock companies are commonly known as corporations or limited companies.
Some jurisdictions still provide the possibility of registering joint-stock companies without limited liability. In the United Kingdom and in other countries that have adopted its model of company law, they are known as unlimited companies. In the United States , they are known simply as joint-stock companies. Ownership refers to a large number of privileges.
The company is managed on behalf of the shareholders by a board of directors, elected at an annual general meeting. The shareholders also vote to accept or reject an annual report and audited set of accounts. Individual shareholders can sometimes stand for directorships within the company if a vacancy occurs, but that is uncommon.
The shareholders are usually not liable for any of the company debts that extend beyond the company's ability to pay up to the amount of them. Joint-Stock Companies are separate legal existence which means it has other legal existence rather than the owner. The earliest records of joint-stock companies appear in China during the Tang and Song dynasties. The Tang dynasty saw the development of the heben , the earliest form of joint stock company with an active partner and one or two passive investors.
By the Song dynasty this had expanded into the douniu , a large pool of shareholders with management in the hands of jingshang , merchants who operated their businesses using investors' funds, with investor compensation based on profit-sharing, reducing the risk of individual merchants and burdens of interest payment. Finding the earliest joint-stock company is a matter of definition. An early form of joint-stock company was the medieval commenda , although it was usually employed for a single commercial expedition.
In more recent history, the earliest joint-stock company recognized in England was the Company of Merchant Adventurers to New Lands , chartered in with shareholders. The Muscovy Company , which had a monopoly on trade between Russia and England , was chartered two years later in The most notable joint-stock company from the British Isles was the East India Company , which was granted a royal charter by Queen Elizabeth I on December 31, with the intention of establishing trade on the Indian subcontinent.
The charter effectively granted the newly formed Honourable East India Company a fifteen-year monopoly on all English trade in the East Indies. The development enhanced the ability of joint-stock companies to attract capital from investors, as they could now easily dispose of their shares. In , it became the first 'corporation' in intercontinental trade with 'locked in' capital and limited liability. The first joint-stock companies to be implemented in the Americas were the London Company and the Plymouth Company.
Transferable shares often earned positive returns on equity, which is evidenced by investment in companies like the East India Company , which used the financing model to manage their trade on the Indian subcontinent. Joint-stock companies paid out divisions dividends to their shareholders by dividing up the profits of the voyage in the proportion of shares held. Divisions were usually cash, but when working capital was low and detrimental to the survival of the company, divisions were either postponed or paid out in remaining cargo, which could be sold by shareholders for profit.
However, in general, incorporation was possible by royal charter or private act , and it was limited because of the government's jealous protection of the privileges and advantages thereby granted. As a result of the rapid expansion of capital-intensive enterprises in the course of the Industrial Revolution in Europe and the United States, many businesses came to be operated as unincorporated associations or extended partnerships , with large numbers of members.
Nevertheless, membership of such associations was usually for a short term so their nature was constantly changing. Consequently, registration and incorporation of companies, without specific legislation, was introduced by the Joint Stock Companies Act Initially, companies incorporated under this Act did not have limited liability, but it became common for companies to include a limited liability clause in their internal rules. In the case of Hallett v Dowdall , the Court of the Exchequer held that such clauses bound people who have notice of them.
Four years later, the Joint Stock Companies Act provided for limited liability for all joint-stock companies provided, among other things, that they included the word "limited" in their company name. The existence of a corporation requires a special legal framework and body of law that specifically grants the corporation legal personality, and it typically views a corporation as a fictional person, a legal person, or a moral person as opposed to a natural person which shields its owners shareholders from "corporate" losses or liabilities; losses are limited to the number of shares owned.
It furthermore creates an inducement to new investors marketable stocks and future stock issuance. Corporate statutes typically empower corporations to own property, sign binding contracts, and pay taxes in a capacity separate from that of its shareholders, who are sometimes referred to as "members".
The corporation is also empowered to borrow money, both conventionally and directly to the public, by issuing interest-bearing bonds. Corporations subsist indefinitely; "death" comes only by absorption takeover or bankruptcy. According to Lord Chancellor Haldane ,. It has no mind of its own any more than it has a body of its own; its active and directing will must consequently be sought in the person of somebody who is really the directing mind and will of the corporation, the very ego and centre of the personality of the corporation.
This 'directing will' is embodied in a corporate Board of Directors. The legal personality has two economic implications. It grants creditors as opposed to shareholders or employees priority over the corporate assets upon liquidation.
Second, corporate assets cannot be withdrawn by its shareholders, and assets of the firm cannot be taken by personal creditors of its shareholders. The second feature requires special legislation and a special legal framework, as it cannot be reproduced via standard contract law. The regulations most favorable to incorporation include:. In many jurisdictions, corporations whose shareholders benefit from limited liability are required to publish annual financial statements and other data so that creditors who do business with the corporation are able to assess the credit-worthiness of the corporation and cannot enforce claims against shareholders.
That requirement generally applies in Europe, but not in common law jurisdictions, except for publicly traded corporations for which financial disclosure is required for investor protection. In many countries, corporate profits are taxed at a corporate tax rate, and dividends paid to shareholders are taxed at a separate rate.
Such a system is sometimes referred to as " double taxation " because any profits distributed to shareholders will eventually be taxed twice.
One solution, followed by as in the case of the Australian and UK tax systems, is for the recipient of the dividend to be entitled to a tax credit to address the fact that the profits represented by the dividend have already been taxed. The company profit being passed on is thus effectively taxed only at the rate of tax paid by the eventual recipient of the dividend.
In other systems, dividends are taxed at a lower rate than other income for example, in the US , or shareholders are taxed directly on the corporation's profits, while dividends are not taxed for example, S corporations in the US. The institution most often referenced by the word "corporation" is publicly traded , which means that the company's shares are traded on a public stock exchange for example, the New York Stock Exchange or Nasdaq in the United States whose shares of stock of corporations are bought and sold by and to the general public.
Most of the largest businesses in the world are publicly traded corporations. However, the majority of corporations are privately held , or closely held, so there is no ready market for the trading of shares. Many such corporations are owned and managed by a small group of businesspeople or companies, but the size of such a corporation can be as vast as the largest public corporations. Closely held corporations have some advantages over publicly traded corporations.
A small, closely held company can often make company-changing decisions much more rapidly than a publicly traded company, as there will generally be fewer voting shareholders, and the shareholders would have common interests.
A publicly traded company is also at the mercy of the market, with capital flow in and out based not only on what the company is doing but also on what the market and even what the competitors, major and minor, are doing. However, publicly traded companies also have advantages over their closely held counterparts.
Publicly traded companies often have more working capital and can delegate debt throughout all shareholders. Therefore, shareholders of publicly traded company will each take a much smaller hit to their returns as opposed to those involved with a closely held corporation.
Publicly traded companies, however, can suffer from that advantage. A closely held corporation can often voluntarily take a hit to profit with little to no repercussions if it is not a sustained loss. A publicly traded company often comes under extreme scrutiny if profit and growth are not evident to stock holders, thus stock holders may sell, further damaging the company.
Often, that blow is enough to make a small public company fail. Often, communities benefit from a closely held company more so than from a public company. A closely held company is far more likely to stay in a single place that has treated it well even if that means going through hard times.
Shareholders can incur some of the damage the company may receive from a bad year or slow period in the company profits. Closely held companies often have a better relationship with workers. In larger, publicly traded companies, often after only one bad year, the first area to feel the effects is the workforce with layoffs or worker hours, wages or benefits being cut. Again, in a closely held business the shareholders can incur the profit damage rather than passing it to the workers.
The affairs of publicly traded and closely held corporations are similar in many respects. The main difference in most countries is that publicly traded corporations have the burden of complying with additional securities laws, which especially in the US may require additional periodic disclosure with more stringent requirements , stricter corporate governance standards as well as additional procedural obligations in connection with major corporate transactions for example, mergers or events for example, elections of directors.
A closely held corporation may be a subsidiary of another corporation its parent company , which may itself be either a closely held or a public corporation. In some jurisdictions, the subsidiary of a listed public corporation is also defined as a public corporation for example, in Australia.
In Australia corporations are registered and regulated by the Commonwealth Government through the Australian Securities and Investments Commission. Corporations law has been largely codified in the Corporations Act In Brazil there are many different types of legal entities sociedades , but the two most common ones commercially speaking are i sociedade limitada , identified by "Ltda. The "Ltda. In Canada both the federal government and the provinces have corporate statutes, and thus a corporation may be incorporated either provincially or federally.
Many older corporations in Canada stem from Acts of Parliament passed before the introduction of general corporation law. The oldest corporation in Canada is the Hudson's Bay Company ; though its business has always been based in Canada, its Royal Charter was issued in England by King Charles II in , and became a Canadian charter by amendment in when it moved its corporate headquarters from London to Canada.
Federally recognized corporations are regulated by the Canada Business Corporations Act. The Chilean form of joint-stock company is called sociedad por acciones often abbreviated "SpA". The latter is a hybrid of the limited partnership and public limited company, having two categories of shareholders, some with and some without limited liability, and is rarely used in practice.
Non-profit corporations may be established under the Civil Code. In Norway, a joint-stock company is called an aksjeselskap , abbreviated AS. A special and by far less common form of joint-stock companies, intended for companies with a large number of shareholders, is the publicly traded joint-stock companies, called allmennaksjeselskap and abbreviated ASA.
A joint-stock company must be incorporated, has an independent legal personality and limited liability, and is required to have a certain capital upon incorporation. Ordinary joint-stock companies must have a minimum capital of NOK 30, upon incorporation, which was reduced from , in Publicly traded joint-stock companies must have a minimum capital of NOK 1 million.
In Spain there are two types of companies with limited liability: i "S. Due to specifics of the Soviet economy, all enterprises in the Soviet republic as the rest of the Soviet Union were state owned and private entrepreneurship was strictly prohibited and criminally prosecuted. Following the Gorbachev initiated broad spectrum reforms perestroika , there was introduced a term of khozraschet and permission for organization of public economic entities called cooperatives. Following dissolution of the Soviet Union , Ukraine's economy along with the rest former Soviet republics was further reformed to more liberal.
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