Subject: Business Studies
A sole trading and partnership business could not meet the requirement of the large-scale organization. Both of them have limited fund and unlimited liability. There is a lack of managerial ability in sole trading and partnership firm. So, the joint stock company was established. A joint stock company is established under the Company Act, 2053.
A sole trading and partnership business could not meet the requirement of the large-scale organization. Both of them have limited fund and unlimited liability. There is a lack of managerial ability in sole trading and partnership firm. So, the joint stock company was established. A joint stock company is established under the Company Act, 2053.
The joint stock company is an association of person having a separate legal existence, perpetual succession, common seal, common capital etc. The joint stock company divides its capital into a large number of parts with each value where each part of capital is called share. The person who holds the share is called shareholders of the company.
The company is managed by the board of directors who are the representative of shareholders. The member of the board is elected by the shareholders.
According to L.H. Haney, “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. Again a company is an artificial person created by law having a separate legal entity with a perpetual succession and a common seal."
Therefore, a joint stock company is a corporate organization having a separate legal existence, perpetual succession, common seal, common capital etc. managed by the representatives.
A joint stock company formed on the basis of incorporation can be classified as follow:
According to the liability, the companies are classified into three groups:
Basis of differences |
Private company |
Public company |
Number of shareholders |
A private limited company limits the number of the member to 50. |
A public company requires at least 7 members but there is no upper limit. |
Prospectus |
It cannot issue a prospectus for inviting people to purchase their shares. |
It can issue the prospectus for inviting people to purchase their shares. |
Transfer of shares |
There is a restriction to transfer its share. |
There is no restriction to transfer its shares. |
Commencement of business |
It must only have a certificate of commencement. |
It must have a certificate of commencement and a certificate of incorporation as well. |
Publication |
It does not need to publish its annual statements. |
It needs to publish its annual statements. |
Statutory meeting |
It is not required to hold a statutory meeting. |
It is required to hold a statutory meeting. |
Statutory report |
It does not need to file a statutory report. |
It needs to file a statutory report. |
Use of word |
It must use the word ‘Private Limited’ (Pvt. Ltd.) in its name. |
It must use the word 'Limited' (Ltd.) in its name. |
References:
Khanal, Soma Raj, Surendra Thapa Aslami and Sitaram Dhakal.Business Studies.Kathmandu: Taleju Prakashan, 2067.
Pant, Prem R., et al.Business Studies.Kathmandu: Buddha Academic Publishers and Distributors Pvt. Ltd., 2010.
What is joint stock company?
The joint stock company is an association of persons having a separate legal existence, perpetual succession, common seal, common capital etc. The joint stock company divides its capital into a large number of parts with each value where each part of capital is called share. The person who holds the share is called shareholders of the company.
A sole trading and partnership business could not meet the requirement of the large-scale organization. Both of them have limited fund and unlimited liability. There is a lack of managerial ability in sole trading and partnership firm. So, the joint stock company was established. A joint stock company is established under the Company Act, 2053.
The company is a corporate body whose life is not connected with the life of the shareholders. The company is managed by the board of directors who is the representatives of shareholders. The member of the board is elected by the shareholders.
According to L.H. Haney, “A joint stock company is a voluntary association of individuals for profit having a capital divided intro transferable shares, the ownership of which is the condition of membership. Again a company is an artificial person created by law having a separate entity with a perpetual succession and a common seal."
According to Lord Lindley."By a company is meant an association of many persons who contribute money or money's worth to a common to a common stock and employ it for a common purpose.
Therefore, a joint stock company is a corporate organization having a separate legal existence, perpetual succession, common seal, common capital etc. managed by the representatives.
List out the types of joint stock company on the basis of incorporation
The types of joint stock of company on the basis of corporation are:
On the basis of incorporation
On the basis of liability
On the basis of numbers of members
On the basis of ownership
Distinguish between private and public company.
Basis of differences |
Private company |
Public company |
A number of shareholders |
A private limited company limits the number of the member to 50. |
A public company requires at least 7 members but there is no upper limit. |
Prospectus |
It cannot issue a prospectus for inviting people to purchase their shares. |
It can issue the prospectus for inviting people to purchase their shares. |
Transfer of shares |
There is a restriction to transfer its share. |
There is no restriction to transfer its shares. |
Commencement of business |
It must only have a certificate of commencement. |
It must have a certificate of commencement and a certificate of incorporation as well. |
Publication |
It does not require to publish its annual statements. |
It requires to publish its annual statements. |
Statutory meeting |
It is not required to hold a statutory meeting. |
It is required to hold a statutory meeting. |
Statutory report |
It does not need to file a statutory report. |
It needs to file a statutory report. |
Use of word |
It must use the words ‘Private Limited’ (Pvt. Ltd.) in its name. |
It must use the words 'Limited' (Ltd.) in its name. |
Describe the types of joint stock of company.
Joint stock companies are classified into various types which are explained below:
On the basis of incorporation:
A joint stock company formed on the basis of incorporation can be classified below:
On the basis of Liability:
According to the liability, the companies are classified into three groups:
On the basis of Number of Members:
On the basis of number of members, the company is classified as the following company:
A private limited company must always follow this articles. A private company can be formed with one member but the maximum number of shareholders cannot be exceed fifty. It cannot issues share to public for subscription. A private company must use the words ‘Private Limited’ (Pvt. Ltd.) in its name. A private limited company suits the needs of those who wish to take advantage of limited liability and at the same time keep the business private.
On the basis of Ownership:
Explain the types of joint stock company on the basis of liability.
On the basis of Liability:
According to the liability, the companies are classified into three groups:
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