LIMITED LIABILITY COMPANIES
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A Company can be
defined as a Legal Person or Entity created by the Association of a Number of
People in accordance with the Law for the Purpose of Pooling their Capital
together in order to set up a Business Venture. Examples of Limited Liability
Companies are: Julius Berger Nigeria Plc, Dunlop Nigeria Plc etc. A Company is
an artificial person and is more than a mere association of individuals. It is
a legal person with a personality of its own.
Types of
Companies:
1. UNLIMITED
LIABILITY COMPANY- The Liability of a member is limitless and he may be
liable to the full amount of the company's debts in the event of liquidation.
The Members will contribute more money, including their capital, to settle the
debt of the company.
2. LIMITED
LIABILITY COMPANY- The Liability or Burden of Debt in the company is
limited to the amount of share capital the shareholders had agreed to
contribute individually in the event of liquidation. A Shareholder cannot
suffer the liability of the company up to his/her
private property. This means
that if the Company folds up for debt and lack of fund, their own personal
possessions would not be taken.
Types of Companies Under Limited Liability
Companies:
1. COMPANIES
LIMITED BY GUARANTEE- are not formed with the aim of engaging in
trading activities or making profits. They are often formed by societies and
other charitable contributions from members of the public to promote and
develop certain interests or professions. The Liability of its members is
limited by the Memorandum of Association to such an amount as the members may
have undertaken to contribute to the assets in the event of its being wound up.
Guarantee Companies are usually formed for the Furtherance of Art, Science,
Education, Religion, Charity etc.
2. COMPANIES
LIMITED BY SHARES- are the companies in which the liability of the
shareholders is limited to the full value of the shares they have acquired. In
Case of Liquidation, the shareholders will only be liable to the full extent of
their shares contributed as Capital. They normally engage in Business
Activities to make profit.
Types of Limited Liability Companies:
1. PRIVATE
LIMITED LIABILITY COMPANY- is defined as one which by its articles
restricts the right to transfer its shares, limits the number of its
shareholders from 2 to 50, prohibits any invitation to the public to subscribe
to its shares and the name of the private company must end with
"Limited". For Example- Nasco Nigeria Ltd.
2. PUBLIC
LIMITED LIABILITY COMPANY- is defined as one which by its article
allows the public to subscribe to its shares, must have a minimum of seven
persons but no maximum number is prescribed. It allows the shares to be
transferred and the name of the public company must end with "Plc".
For Example- Zenith Bank Plc, Dunlop Nigeria Plc etc. This is the type that is
known as JOINT STOCK COMPANY.
Similarities Between Private and Public
Limited Liability Companies:
1. Limited Liability- Both Companies
have limited liability, meaning that in the event of liquidation, the
shareholders can only lose the value attached to the shares they contributed.
2. Continuity of Existence- The
chances of continuity and existence of both companies are high as the death or
withdrawal of a shareholder, cannot affect the existence of the company.
3. Ploughing Back of Profit- Part of
the profit can be ploughed back into the business for both companies, while
remaining can be shared to the shareholders according to the amount of shares
contributed.
4. Large Capital Outlay- Both
Companies are capable of pooling large capital together to set up a business.
5. Legal Entity/Status- Both Companies
are legal entities, which means they can sue and be sued in their own names due
to the fact that both are registered companies. The Business Name is different
from the owner's name.
6. Management- Both Companies appoint
Directors for the proper and efficient Management of the Business.
Differences Between Private and Public
Limited Liability Companies:
Private
Limited Company
|
Public Limited
Company
|
1. Shares
are not easily Transferable, except with the consent of the Members.
|
Shares are
easily Transferable.
|
2. Its
shares are not quoted in the Stock Exchange Market.
|
Its shares
are quoted on the Stock Exchange Market.
|
3. It does
not issue Debentures ( Certificate of Indebtedness).
|
It issues
debentures.
|
4. They
don't need a Certificate of Trading to commence Business.
|
They need
Certificate of Trading before they can commence Business.
|
5. They
have a minimum of 2 shareholders and a maximum of 50 owners.
|
They have
a minimum of 7 shareholders and a no maximum number of owners.
|
6. They
are not allowed to use "Plc" but "Ltd" or
"Unltd".
|
They are
allowed to use "Plc".
|
NOTE: PARTS OF THIS POST WERE CULLED FROM TONAD ESSENTIAL ECONOMICS FOR
SENIOR SECONDARY SCHOOLS BY C.E ANDE. WE AT EDU-MADE-EASY RESPECT THIS CRAFT TOO
MUCH TO DENY ITS ORIGIN. THANK YOU
Hope this was very helpful to you, leave a comment of what you think of
this tutorial and your questions below. Have a Blessed Day and Remember You are
Amazing. God Bless.
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