Forms of Buisness Organisation

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Chapter - 2

Forms of
Business Organisation
Forms of Private Sector
Undertakings
Forms of Private Sector
Undertakings te
ora
orp ises
Non C rpr
-Co te
Ent rpo En
erp rate
ri
ses
Non-Corporate Enterprises
Sole Proprietorship Partnership

Joint Hindu Family


Business
Corporate Enterprises
Co-operative Societies Joint Stock Companies
1

Sole Proprietorship
Sole Proprietorship
It is a “one man business” as he invests the entire
capital, bears all the risks, takes all the advantages
and manages the business by
himself

It is also called Individual Proprietorship


Features of Sole Proprietorship
a Formation and closure is easy

Less formalities as it has no separate law


Features of Sole Proprietorship
b Unlimited Liability

Even the personal properties are held liable to meet the


liabilities of the firm
Features of Sole Proprietorship
c Sole risk bearer and profit recipient

All the risk on his shoulder and the entire profit


enjoyed by him
Features of Sole Proprietorship
d Control

Complete control of business is held with the


proprietor himself
Features of Sole Proprietorship
e No separate entity for the business from the
businessman

The owner is held liable for all the activities of


the business
Features of Sole Proprietorship
f Lack of continuity

Since the business and owner are one and the same
entity, his death, insanity etc. will affect the
existence of the business
Features of Sole Proprietorship

1. Formation and Closure is easy


2. Unlimited Liability
3. Sole risk bearer and profit recipient
4. Control
5. No separate entity
6. Lack of continuity
Merits of
Sole
Proprietorship
Merits of Sole Proprietorship
a Quick decision making

No need to consult with others


Merits of Sole Proprietorship
b Confidentiality of information

Secrecy can be maintained


Merits of Sole Proprietorship
c Direct incentive

All the profit goes to the proprietor


Merits of Sole Proprietorship
d Sense of accomplishment

Personal satisfaction by working for himself


Merits of Sole Proprietorship
e Ease of formation and closure

Minimum legal formalities only


Merits of Sole Proprietorship
1. Quick decision making
2. Confidentiality of information
3. Direct incentive
4. Sense of accomplishment
5. Ease of formation and closure
Limitations of
Sole Proprietorship
Limitations of Sole Proprietorship
a Limited resources

Capital is limited and the size of business is small


Limitations of Sole Proprietorship
b Limited life

As the business has no separate legal entity


Limitations of Sole Proprietorship
c Unlimited liability

Even the personal properties are attached


Limitations of Sole Proprietorship
d Limited managerial ability

The proprietor may not be efficient in all


managerial functions
Limitations of Sole Proprietorship
1. Limited resources

2. Limited life

3. Unlimited liability

4. Limited managerial ability


2

Joint Hindu
Family
Business
JointHinduFamilyBusiness
Business owned by the members of a
Joint Hindu Family

It is the oldest system of business that can be seen only


in India
JointHinduFamilyBusiness
It is governed by the provisions of
Hindu Law

The basis of membership in the business is birth in a particular


family and three successive generations can be members in the
business
JointHinduFamilyBusiness
The business is controlled by the head of the family who is the
eldest member and is called ‘Karta’

All members (male and female) have equal ownership right over
the property of an ancestor and they are
known as ‘co-parceners’
Features o f
Joint Hindu
Family
Business
a Fe a t u re s o f J H F B u s i n e s s
Formation
Minimum two members from the family and their
ancestral property is used for business

It is governed by Hindu Succession Act, 1956


b Fe a t u re s o f J H F B u s i n e s s
Liability
Limited Unlimited

Limited liability to the members except Karta


c Fe a t u re s o f J H F B u s i n e s s
Control

Management is vested in the hands of Karta


d Fe a t u re s o f J H F B u s i n e s s
Continuity

The death of a member or Karta does not


affect the business
e Fe a t u re s o f J H F B u s i n e s s
Minor Members

Membership by birth
Fe a t u re s o f J H F B u s i n e s s
1.Formation - Minimum two members from the
family
2.Limited liability to the members except Karta
3.Controlled by Karta
4.Continuity - death of a member or Karta
does not affect the business
5. Minor Members – Membership by birth
Both male and female members in
thefamilyhaveequalrightinthe
businessbasedontheHindu
Su c ession(Amendment)Act2
05
Merits o f
Joint Hindu
Family
Business
MeritsofJHFBusiness
a Effective control

No conflict among members as the decisions are


taken by Karta
MeritsofJHFBusiness
b Continued existence

Even the death of Karta does not affect the existence of


business, as the next eldest member
will take up the position
MeritsofJHFBusiness
c Limited liability

Liability of members except Karta is limited


MeritsofJHFBusiness
d Increased loyalty and co-operation

The business is treated as a pride to the family


MeritsofJHFBusiness
1. Effective control – Decisions by Karta

2.Continued existence

3.Limited liability
4. Increased loyalty
and co-operation
Limitations o f
Joint Hindu
Family Business
LimitationsofJHFBusiness
a Limited resources

It depends mainly on ancestral properties


LimitationsofJHFBusiness
b Unlimited liability of Karta

His/ Her personal properties are also liable to


meet the debts of the firm
LimitationsofJHFBusiness
c Dominance of Karta

The leadership of Karta may not be acceptable to all the


members in the family, which may results even the
breakdown of family
LimitationsofJHFBusiness
d Limited managerial skills

The Karta may not be an expert in all


the areas of management
LimitationsofJHFBusiness
1. Limited resources

2. Unlimited liability of Karta

3. Dominance of Karta

4. Limited managerial skills


3

Partnership
Partnership
Partnership form of business
organisations emerged to overcome the
difficulties of sole proprietorship business
Partnership
Definition

The relation between persons who have agreed to


share the profits of a business carried on by all
or any of them acting for all
Features of
FeaturesofPartnership
a Formation
Formation is based on the agreement among the
partners to run a lawful business and it may be either
oral or written

But two people coming together for charitable


purpose is not a partnership
FeaturesofPartnership
b Liability
The liability of each partner is unlimited

Even their personal properties are held liable for


the debts of the partnership firm
FeaturesofPartnership
c Risk bearing
All the risk of loss is shared by the partners as
they are sharing profits of the firm
FeaturesofPartnership
d Decision making and control
Decisions are generally taken with
mutual consent
FeaturesofPartnership
e Continuity
A partnership is purely a personal organization and it
has no separate legal existence apart from its members,
hence it lacks continuity

Death, insanity etc. of a partner bring an end to the business


FeaturesofPartnership
f Membership (2 to 50)

Minimum number of members is 2


According to Section 464 of Companies Act 2013
maximum number of partners can be 100, subject the
number prescribed by the government
At present it is limited to 50 by Govt. of India
FeaturesofPartnership
g Mutual agency
Each partner is an agent of the other partners as well
as the firm
FeaturesofPartnership
1. Formation is based on the agreement
2. Liability of each partner is unlimited
3. The risk of loss is shared by the partners
4. Decisions on mutual consent
5. It lacks continuity
6. Minimum number of members is 2
7. Mutual agency
Meritsof
Partnership
MeritsofPartnership
a Easy formation and closure

Less formalities only


MeritsofPartnership
b Balanced decision making

Because of the involvement of more than one person


MeritsofPartnership
c More funds

Large capital can be accumulated


MeritsofPartnership
d Sharing of risk

Reduces the anxiety, burden and stress on


individual partners
MeritsofPartnership
e Secrecy can be maintained

No legal requirements to publish its


accounts and reports
MeritsofPartnership
1.Easy formation and closure

2.Balanced decision making


3.More funds
4.Sharing of risk
5.Secrecy can be
maintained
Limitations of
Partnership
LimitationsofPartnership
a Unlimited liability
liabi
l
ity

Attaches even the personal properties


Limitations of Partnership
b Limited resources

Unable to run large scale business organizations


Limitations of Partnership
c Conflicts

Disagreement between partners leads to


dissolution of firms
Limitations of Partnership
d Lack of continuity

As it has no separate legal entity


LimitationsofPartnership
e Lack of public confidence

As it is free from government control


LimitationsofPartnership
1.Unlimited liability
2.Limited resources
3.Conflicts among partners
4.Lack of continuity
5.Lack of public
confidence
Types of

Partners
Ty pe s o f Pa rt ners
1
Active or Working Partner

Contributes capital & take part in the day to day


affairs of the business
Ty pe s o f Pa rt ners
2
Sleeping or Dormant Partner

No active role in the business


contributes capital shares
profit or loss
Ty pe s o f Pa rt ners
3
Secret Partner
His connection with the firm is unknown
to the public

Contributes capital
Participates in management
Unlimited liability
Ty pe s o f Pa rt ners
4 Nominal Partner
Lends his name and reputation for the
benefit of the firm
Also known as Ostensible Partner or Quasi
Partner

Does not contributes capital No


participation in management
No share in profit
But liable to outsiders
Ty pe s o f Pa rt ners
5 Partner by Estoppel
If a person acts as a partner of a firm by his words and
conduct, he can be called as partner by
estoppel.

Even though he is not an actual partner, he is liable for the debts of the firm
as he makes himself as a partner
in front of the public
Ty pe s o f Pa rt ners
6 Partner by holding out
A person may be declared as a partner in a firm by the
outsiders and does not deny this even after becoming
aware of it

He is also liable for the debts of the firm he


is not an actual partner
Ty peso f Pa r t ners
Type Capital Management Share in Liability
Profits/Losses
Active Contributes Participates in Shares Profits/Losses Unlimited
Partner Capital Management
Sleeping Contributes Does not Participate Shares Profits/Losses Unlimited
Partner Capital in Management
Secret Contributes Participates in Shares Profits/Losses Unlimited
Partner Capital Management
Does not
Nominal Does not Participate Generally does not Unlimited
Contributes
Partner in Management Share Profits/Losses
Capital
Does not
Partner by Contributes Does not Participate Does not Share Unlimited
Estoppel Capital in Management Profits/Losses
Does not
Partner by Contributes Does not Participate Does not Share Unlimited
Holding out Capital in Management Profits/Losses
Minor as a
Pa r t n e r
MinorasaPartner
A minor is a person who has not completed 18
years of age

A minor cannot become a partner as he is not capable to enter into a


contract, but he may be admitted as a partner to the benefits of the
firm, with the consent of all the partners
Eg: If a celebrity is admitted, it may be beneficial to the firm
MinorasaPartner
He cannot take active part in management

His liability is limited to the extent of his share in the


capital and profits of the firm
MinorasaPartner
After becoming major, he will be eligible to enjoy
all the rights of a partner and his liability becomes
unlimited

A partnership cannot be formed with a minor partner


Rightsofa
Minor Partner
R i g h t s o f a M i n o r Pa r t n e r
1 Right to share the profits and
properties of the firm
R i g h t s o f a M i n o r Pa r t n e r
2 He can inspect and copy the accounts
of the firm

But he has no access to all the books of the firm.


R i g h t s o f a M i n o r Pa r t n e r
3 He can sue the partners
for payment of his share of
profits or properties in the
firm
Typesof
Partnership
TypesofPartnership

Partnership

General Limited
Partnership Partnership
General
Partnership
GeneralPartnership
Also known as ordinary partnership
Unlimited liability to partners Usually
found in India
TypesofPartnership

General
Partnership

Particular Partnership at
Partnership will
Particular
Partnership
ParticularPartnership
It is Formed for a particular purpose
or for a particular period
It will be dissolved after the expiry of the time
or the completion of the project

E.g. If a partnership is formed for two years, or


for the construction of a house
Partnership
at will
PartnershipatWill
b Duration of partnership is not
specified in the agreement
It will be continued for an indefinite period

It can be dissolved at any time as it is decided by all or


any of the partners
Limited
Partnership
Limited/SpecialPartnership
Two types of partners in Limited
Unlimited
Partnership Limited
Liability Liability

General Special
Partners Partners
Limited/SpecialPartnership
Minimum one general partner is a must

It is not allowed in India but prevails in England


Partnership
Deed
Partnership Deed

Page 1 Page 2
Partnership Deed

Articles of Partnership
Partnership Deed
Partnership is established by an agreement which may be
oral or in writing
It is always better to have the agreement in writing to avoid
any dispute
The document, containing the agreement in writing among
the partners is called
Partnership Deed

It is also known as the articles of partnership


Contentsof
Partnership Deed
Contents of Partnership Deed
1. Name of the firm
ABC ASSOCIATES
Contents of Partnership Deed
2. Names and addresses of all partners
Contents of Partnership Deed
3. Nature and place of business
Contents of Partnership Deed
4. Date of Commencement of partnership
Contents of Partnership Deed
5. Duration of partnership, if any
Contents of Partnership Deed
6. Capital contribution by the partners
Contents of Partnership Deed

7. The amount that can be withdrawn


by each partner

Rs. 20,000
Contents of Partnership Deed

8. Rules regarding
operation of bank accounts
Contents of Partnership Deed
9. Division of profits or losses
Contents of Partnership Deed
10. Interest on capital or drawings, if any
Contents of Partnership Deed
11. Interest on partner’s loan to the firm
Contents of Partnership Deed

12. Salaries, commission, etc. if


payable to any partner
Contents of Partnership Deed

13. Details of division of work


among the partners
Purchase Manager Production Manager Sales Manager
Contents of Partnership Deed
14. Ascertainment of goodwill

On admission, retirement and death of a partner


Contents of Partnership Deed
15. Settlement of accounts

red
Reti

In the event of retirement or death of partners


Contents of Partnership Deed
16. Settlement of accounts

On dissolution of the firm


Contents of Partnership Deed

17. Provisions relating to the


maintenance and audit of accounts
Contents of Partnership Deed

18. Provisions for arbitration in


the event of disputes
Contents of Partnership Deed
19. Provisions regarding borrowings of the firm
Contents of Partnership Deed
20. Rights, duties and liabilities of partners

Rights Duties Liabilities


Contents of Partnership Deed
1. Name of firm
2. Nature of business and location of business
3. Duration of business
4. Investment made by each partner
5. Distribution of profits and losses
6. Duties and obligations of the partners
Contents of Partnership Deed
7. Salaries and withdrawals of the partners
8.Terms governing admission, retirement and expulsion of a
partner
9. Interest on capital and interest on drawings
10. Procedure for dissolution of the firm
11. Preparation of accounts and their auditing
12. Method of solving disputes etc.
Registration of
Partnership
Registration of Partnership
Registration of partnership is not compulsory

But it can be registered with the Registrar of


Firms as per the Partnership Act 932
Procedure for Registration
a Submit an application in prescribed form
with the following details:
a) Name of the firm.
b) Location of the firm.
c)Names of places where the firm carries on
other business.
d) The date of joining of each partner.
e) Names and addresses of partners.
f) Duration of partnership.
g) This application should be signed by all the partners.
Procedure for Registration
b Remitting the fees for registration
Procedure for Registration
c Issue of Registration Certificate

After approval, the Registrar should enter the name of the firm
in his register and issues
a certificate of registration
Effectsof
Non-Registration
Effects of Non-Registration
1 Cannot sue against third parties

An unregistered firm cannot sue against a third


party for the recovery of claims
Effects of Non-Registration
2 Cannot sue against its partners

An unregistered firm cannot sue against its partners


Effects of Non-Registration
3 A partner cannot enforce his claims

A partner of an unregistered firm cannot enforce his claims


against outsiders or against his
co-partners or the firm
4

Co-
operative
Societies
Co-operative Societies

Voluntary associations of persons constituted for


the purpose of protecting their
economic and social interest
Co-operative Societies
Basic Principles of Co-operative Societies

Self help through mutual help


or
Each for all and all for each
Fe a t u r e s o f
Co-operativeOrganisations
Features of Co-operative Organisations
1
Voluntary Membership

Anybody can become a member in a co-


operative society at his own wish and there is not
compulsion at all
Features of Co-operative Organisations
2
Legal Status

As the registration of a cooperative society is


compulsory, it gets separate legal entity and
continuous existence
Features of Co-operative Organisations
3
Limited Liability

The liability of members is limited


Features of Co-operative Organisations
4
Control

Board
Meeting

Control is vested in the hands of board of directors who are elected by the
members under the principle of one man one vote
Features of Co-operative Organisations
5
Service Motive

The main objective is to render services to its


members rather than profit
Features of Co-operative Organisations

1. Voluntary Membership
2. Legal Status
3. Limited Liability
4. Control in the hands of board of directors
5. Service Motive
Fo r m a t i o n o f a
Co-operative Society
Formation of a Co-operative Society

As per Kerala co-operative societies Act, there should be


at least 10 members who are bound together by a
common bond belonging to the same locality, class,
occupation or having a common economic need
Formation of a Co-operative Society
These members are called promoters

They should present a joint application to the


Registrar of Co-operative Societies
Formation of a Co-operative Society
This application should contain the following:

Proposed name of the society.

Aim and objective.

Area of operation.

Nature of members’ liability

Particulars of share capital to be raised.

Copy of bye-laws of the society
Formation of a Co-operative Society
After scrutiny, the Registrar issues a Certificate of
Registration and thereafter the society can admit new
members
Meritsof
Co-
operativeSocieties
MeritsofCo-operativeSocieties
1
Equal Voting Rights

Each member is having equal voting rights irrespective of their


capital contribution, as it follows the principle of
‘one man one vote’
MeritsofCo-operativeSocieties
2
Limited Liability

Liability of members is limited to the extent of their


capital contribution
MeritsofCo-operativeSocieties
3
Stable Existence

The existence of a society is not affected by the


death, insanity, insolvency etc. of members
MeritsofCo-operativeSocieties
4
Economy in Operations

To eliminate middlemen, the members offer honorary services to


the society, which will in turn reduces cost of operation
MeritsofCo-operativeSocieties
5
Support from Government

As it is a democratic organization, government provides various


supports such as low taxes, subsidies, grants, low interest rates for
loans etc.
MeritsofCo-operativeSocieties
6
Easy Formation

No complex legal formalities are required to


form a co-operative society
MeritsofCo-operativeSocieties
1.Equal Voting Rights
2.Limited Liability
3.Stable Existence
4.Economy in Operations
5.Support from Government
6.Easy Formation
Limitationsof
Co-operative Societies
LimitationsofCo-operativeSocieties
1
Limited Resources

Low rate of dividend and one man one vote principle


reverts the members to invest more capital
LimitationsofCo-operativeSocieties
2
Inefficient Management

Office bearers are elected from members and they may


not be competent
LimitationsofCo-operativeSocieties
3
Lack of Business Secrecy

The general body openly discusses all facts and


figures of the society without any secrecy
LimitationsofCo-operativeSocieties
4
Excessive Government Control

It will affect the smooth functioning


LimitationsofCo-operativeSocieties
5
Difference of Opinion

Conflict among the members adversely


affect the organization
LimitationsofCo-operativeSocieties
1. Limited Resources
2. Inefficient Management
3. Lack of Business Secrecy
4. Excessive Government Control
5. Difference of Opinion
Types of
Co-operativeSocieties
TypesofCo-operativeSocieties
1 Consumers' Co-operative Societies

Formed by consumers

To ensure supply of consumer goods in a fair price

Purchases directly from wholesalers

Distributes to members and outsiders

Takes only a little margin of profit
TypesofCo-operativeSocieties
2 Producers Co-operative Societies

Also called industrial co-operative societies

Promoted by small producers and craftsmen

Help them to start small scale and cottage industries

Supplies raw-materials, tools and equipments

Sells their products in market
TypesofCo-operativeSocieties
3 Marketing Co-operative Societies

Formed by farmers, artisans and small producers

Collect the products from members

Grade and process the products

Provide storage facilities
● Sell in the market only on

favourable conditions

Provide finance and raw-materials
Help to promote bargaining
TypesofCo-operativeSocieties
4 Farmers' Co-operative Societies

An association of small farmers in a village Large

scale production through joint cultivation Increase
● in yield per acre of land
● To introduce modern method of cultivation
● To inculcate the spirit of co-operation among
farmers
TypesofCo-operativeSocieties
5 Credit Co-operative Societies


To provide short term finance

Charging only a reasonable rate of interest

To protect the members from money lenders
TypesofCo-operativeSocieties
Types of Credit Societies
a) Rural banks - to support farmers

b) Urban Banks - to help small traders and artisans.

c)Employees’ credit societies - formed by the


employees in govt. or non-govt organizations.

d)Wage earner’ societies - formed by workers to


meet their credit needs.
TypesofCo-operativeSocieties
6 Co-operative Housing Societies

To provide housing facilities to the members

Either ownership or rental basis

Help to purchase houses at a less cost

Help to purchase houses on easy instalments
TypesofCo-operativeSocieties
(1) Consumers' Co-operative Societies
(2) Producers Co-operative Societies
(3) Marketing Co-operative Societies
(4) Farmers' Co-operative Societies
(5) Credit Co-operative Societies
(6) Co-operative Housing Societies
5

Joint
Stock
Companies
J oint Stock Companies
JointStockCompaniesare
emergedtoovercomethe
difficultiesofsole
proprietorshipandpartnershi
p
businessorganisationsandto
runlargescalebusiness
enterprises
J oint Stock Companies
Definition
A company is a voluntary association of persons having separate
legal existence, perpetual succession and a common seal
J oint Stock Companies
As per Companies Act 2013, a company means company
incorporated under this Act or any other previous company law
Previous Company Laws:

Act relating to companies in force before the Indian Companies Act 1866 The
● Indian Companies Act 1866
● The Indian Companies Act 1882
● The Indian Companies Act 1913
● The Registration of Transferred Companies Ordinance 1942 The
● Indian Companies Act 1956
Fe a t u r e s o f
J o i n t S to c k C o m p a n i e s
Featu res ofJ ointStockCompanies
1 Artificial Person

A company is created by law and exists independent of its


members and it can own properties, borrow funds, enter into
contracts in its own name, but it is not a natural person
Featu res ofJ ointStockCompanies
2 SeparateLegalEntity

As the company is a registered body, it is treated as a legal


person and its assets and liabilities are separate from
those of its owners
Featu res ofJ ointStockCompanies
3 Formation

Formation of a company is a time consuming and expensive


process as it involves the preparation of several documents and the
registration is compulsory under Companies Act 2013
or any other previous company laws
Featu res ofJ ointStockCompanies
4
PerpetualSu c ession

A company is created by law and hence only the law


can bring an end to its existence
Death, insanity, insolvency or lunacy of members does not
affect the life of the company
Featu res ofJ ointStockCompanies
5 Control

Director Board

The owners of a company are the members or shareholders,


whereas the management and control is vested in the hands
of directors elected by the members
Featu res ofJ ointStockCompanies
6 Liability
The liability of members is limited to the extent of their
capital contribution only.

The members can be asked to contribute to the loss only if any


unpaid amount on shares held by them
Featu res ofJ ointStockCompanies
7 Common Seal

A company may or may not have a common seal As it


is an artificial person it cannot sign documents
Therefore a common seal is used for its signature
Featu res ofJ ointStockCompanies
8 Risk Bearing

The risk of loss in a company is borne by all the shareholders, so that it


will not become a heavy burden to them
FeaturesofJoi ntStockCompanies
1. Artificial Persons
2. Separate legal entity
3. Formation of a company is time consuming and expensive
4. Perpetual Succession
5. Control by Directors
6. Liability of members is limited
7. Common Seal is used for its signature
8. Risk Bearing (By all the members)
Meritsof
J o i n t S to c k C o m p a n i e s
M e r i t s o f J o i n t S to c k C o m p a n i e s
1 LimitedLiability

The public may be encouraged to invest in the shares of a


company because of limited liability
M e r i t s o f J o i n t S to c k C o m p a n i e s
2 Transfer of Shares

The investors are attracted to purchase the shares of


companies as it can be converted into cash
at any time
M e r i t s o f J o i n t S to c k C o m p a n i e s
3 PerpetualExistence

A company will continue to exist even if


all the members die
It can be liquidated only as per the provisions
of
Companies Act
M e r i t s o f J o i n t S to c k C o m p a n i e s
4 Scope for Expansion

Through the issue of shares, a company can accumulate large


amount of capital
Hence it has greater scope for expansion
M e r i t s o f J o i n t S to c k C o m p a n i e s
5 ProfessionalManagement

Management of a company constitutes the Board of


Directors and supported by salaried managers
Merits of J oint Stock Companies
1.LimitedLiability
2 . Tra n s fe ro f S h a re s
3.PerpetualExistence
4 . S c o p e fo r E x p a n s i o n
5.ProfessionalManagement
Limitationsof
J o i n t S to c k C o m p a n i e s
LimitationsofJointStockCompanies
1 Difficulty in formation

Due to complex formalities


LimitationsofJointStockCompanies
2 Lack of secrecy
Each public company should publish their accounts and
reports to the Registrar of Companies and to the public
time-to-time

Hence there is no secrecy in the operations of a joint stock


company
LimitationsofJointStockCompanies
3 Impersonal work environment

The large size of a company makes it difficult to maintain


personal contact with the employees, customers and
creditors
LimitationsofJointStockCompanies
4 Numerous regulations

Compulsory audit, filing of reports, statutory meeting,


obtaining certificates from Registrar,
SEBI etc. leads to complexities
LimitationsofJointStockCompanies
5 Delay in Decision making

Due to get consent from the Directors and


Share holders
LimitationsofJointStockCompanies
6 Oligarchic management
Oligarchy means “rule by a few”

The control is in the hands of a few people who may ignore the
interests of the share holders
LimitationsofJointStockCompanies
7 Conflict of Interest

Conflict between the management and share


holders may adversely affect the
progress of the company
LimitationsofJointStockCompanies
1. Difficulty in formation
2. Lack of secrecy
3. Impersonal work environment
4. Numerous regulations
5. Delay in Decision making
6. Oligarchic management (rule by a
few)

7. Conflict of Interest
Typesof
Companies
Types of Companies

Private Co.

Public Co.
One Person Co.
1

Private Company
Private Company
A private company is defined as a company by its Articles
of Association, restricts the right to transfer the shares, has a
minimum of 2 and maximum of 200 members excluding the
present and past employees, does not invite public to
subscribe to its securities and it is necessary to use the word
private limited after its name
P r iv i l e g e s o fa
Private Company
PrivilegesofaPvt .Co.
1 Easy Formation

Only two persons are required to form a


Private Company
PrivilegesofaPvt .Co.
2 No need to issue Prospectus

Public is not invited to subscribe to the shares of a


private company
PrivilegesofaPvt .Co.
3
Allotment of Shares

It can allot shares and raise capital privately No


need to issue prospectus
No need of minimum subscription
PrivilegesofaPvt .Co.
4
Starting of Business

It can start the business as soon as it is


incorporated
PrivilegesofaPvt.Co.
5
Board of Directors

Need to have only two directors minimum


(Maximum number of directors is 15 in private and public
companies)
PrivilegesofaPvt .Co.
6
Not required to keep an Index of Members
PrivilegesofaPvt .Co.
1. Easy Formation (2 members required)
2. No need to issue Prospectus
3.Minimum subscription not required for the allotment
of shares
4.It can start the business as soon as it is
incorporated
5. Need to have only two directors
minimum
6. Not required to keep an Index of
2

Public Company
P ublicCompany
As per Companies Act, 2013, a Public Company is a
company which is not a private company. In other
words it has no restriction on the right of members to
transfer the shares, has a minimum of 7 members and no
limit on maximum members and permits to make any
invitation to public to subscribe to its shares and
debentures.
P ublicCompany
A private company which is the subsidiary of a
public company is treated as a public company
3

O n e Pe r s o n C o m p a ny
O n e Pe r s o n C o m p a ny
O P C means a company with only
one person as its member

Section 3(1) of Indian Companies Act 2013


P ublicCompany
Vs.
PrivateCompany
D i f e r e n c e s : P u b l i c C o . & P r iva t e C o .
1 Number of Members

PublicCo. PrivateCo.

Minimum - 7 Minimum - 2

Max - Unlimited Max - 200


D i f e r e n c e s : P u b l i c C o . & P r iva t e C o .
2 Minimum Number of Directors

Public Co. PrivateCo.

Three Two
D i f e r e n c e s : P u b l i c C o . & P r iva t e C o .
3 Index of Members

Public Co. PrivateCo.

Not
Compulsory Compulsory
D i f e r e n c e s : P u b l i c C o . & P r iva t e C o .
4 Transfer of Shares

Public Co. PrivateCo.

No Restriction
Restriction on Transfer
D i f e r e n c e s : P u b l i c C o . & P r iva t e C o .
5 Invitation to Public

Public Co. PrivateCo.

It can invite the It cannot invite


public the public
D i f e r e n c e s : P u b l i c C o . & P r iva t e C o .
Basis Public Company Private Company
Minimum – 7 Minimum – 2
Members
Maximum – Unlimited Maximum – 200
Minimum number of Three Two
directors
Index of members Compulsory Not Compulsory
Transfer of shares No restriction Restriction on transfer

Invitation to public to Can invite Cannot invite


subscribe to shares
ChoiceofForm o f
Business Enterprise
Factorstobeconsidered
whilechoosingasuitable
form ofbusinessenterprise
ChoiceofForm ofBusinessEnterprise
1 Cost and ease in setting up
the organization

Sole proprietorship and partnership are the most


inexpensive form or organization and having less legal
formalities
ChoiceofForm ofBusinessEnterprise
2 Liability

From side of investors, company form of organization is


more suitable as the risk involved is limited
ChoiceofForm ofBusinessEnterprise
3 Continuity
Sole proprietorship and partnership business
organizations lacks continuity

If the business is intended for a long period of time, company


or cooperative society form of organizations are more suitable
ChoiceofForm ofBusinessEnterprise
4 Managerial Ability

A sole proprietor may find it difficult to have expertise in all


functional areas of management
ChoiceofForm ofBusinessEnterprise
5 Capital Consideration

If the business requires huge capital, it should be organized as a


company or co-operative society
ChoiceofForm ofBusinessEnterprise
6 Degree of control

If direct control over operations and decision


making is required, proprietorship is
more preferred
ChoiceofForm ofBusinessEnterprise
7 Nature of Business

For large business units, where personal attention is not


much required, company form of organization is more
suitable
Factorstobeconsideredwhilechoosinga
suitableform ofbusinessenterprise
1.Cost and ease in setting up the organization
2.Liability of members
3.Continuity of business
4.Managerial Ability
5.Capital Consideration
6.Degree of control
7.Nature of Business
(Size, Product etc.)
ComparativeEvaluation
of Forms of Organisation
ComparativeEvaluationofFormsofOrganisation
Sole
Basis Proprietors Partnership Joint Hindu Cooperative Company
hip Family Business Society

Compulsory
Easy –
Easy – Less legal Registration is registration –
Formation Easy Registration
formalities compulsory expensive and
is optional
complex formalities

Private Co.
Min: 2
Minimum: 2 Minimum 2 Minimum 10 Max: 200
Members Only Owner Maximum: persons from the adults. No
50 family maximum Limit Public Co.
Min: 7
Max: Unlimited

Capital Limited Limited Ancestral Limited Large


property
ComparativeEvaluationofFormsofOrganisation
Sole Joint Hindu
Basis Proprieto Partnersh Family Cooperative Company
rship ip Business Society

Unlimited for
Karta and
Liability Unlimited Unlimited Limited for Limited Limited
other
members

Control &
Managem With the All Karta Elected Elected Board
ent Owner partners Board

Stable – Stable –
Continuity Unstable More Stable even if separate separate legal
stable Karta dies legal status status

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