(E1) Business Ownership

There are many ways in which business can be organized. It can be from a small one-man business to a multinational organization. The business ownership is mainly divided into different sectors. In this part I am going to explain about two types of business ownership.

  1. Private limited company
  2. Public limited company (plc)

Private limited company

The limited company is fast becoming one of the most common forms of business organization. When a small business expands there is need for extra capital. The proprietors may start the business as a limited company just to obtain the benefits of limited liabilities. The partners may decide to turn the business into limited company to raise this capital. A limited company is a separate organization in law from its shareholders and directors.

The main points of private limited companies are:

  • The name of the company must end with the word ‘limited’.
  • There is no limit to number of shareholders.

Advantages

  1. Limited company can continue even after the owner dies.
  2. With limited liabilities company is able to attract capital from public.
  3. The founder of company can usually keep control of it by holding majority of the shares.

Disadvantages

  1. The company is not allowed to appeal to public for extra capital.
  2. The accounts of the company must be filed annually by the Registrar of the company.
  3. The shareholders of the company may be able to transfer his/her shares to someone else only with the consent of other shareholders.
  4. The company is unable to trade shares publicly on the stock market.

Public limited company (plc)

The second type of limited company is public limited company (plc). This is largest and most important business unit. Public limited company must stated in the Memorandum of Association that the company is public. The process of creating a public limited company is very similar to that of creating a private limited company. The name of the company must end with the words ‘public limited company’ (plc). The most common examples of PLC are football clubs and supermarkets.

Advantages

  1. The public limited company has independent legal entity.
  2. It is allowed to appeal to public for extra funds/
  3. There is no restriction on the transfer of shares.
  4. They can sell their shares publicly on stock market.
  5. Public limited companies have limited liability raising of stock.

Disadvantages

  1. The accounts of the company must be published to public.
  2. The owner can normally exercise little control over it. (divorce of ownership and control)
  3. The formalities are quite complex.
  4. There is danger of take over by other companies.

Sainsbury’s is a public limited company (PLC), which is set up in the private sector.  They contribute far more to national output and employ far more people than private limited companies.

Public limited company - This is the other, much larger, type of joint-stock company and, just like a private limited company, a PLC is an incorporated business, is run by the Board of Directors on behalf of the shareholders and has an A.G.M. at which shareholders vote on certain key issues relating to the company.  The main difference between a PLC and a private limited company is that a PLC can sell its shares on the Stock Exchange to members of the general public and can, therefore, raise significantly more finance than a private limited company.  They also contribute far more to national output and employ far more people than private limited companies. If a private limited company wishes to become a PLC, then it must change its Memorandum and Articles of Association and re-submit them to the Registrar of Companies.  If the company is considered to have acted legally and for the best interests of its shareholders, then it will be issued with a new Certificate of Incorporation and also with a Certificate of Trading, which will allow it to sell its shares on the Stock Exchange. The price of the shares will then fluctuate according to investors’ perceptions of the PLC.  It is often the case with a PLC that the owners of the company (shareholders) will wish the PLC to make as much profit as possible, so that the shareholders will receive a very handsome dividend per share.  However, the Board of Directors and the management will often wish to devote some of the PLC' s resources to growth and diversification (such as the introduction of new products) and this will clash with the shareholders’ desire for maximum profits. This is known as the divorce of ownership and control.  The PLC has to publish its annual accounts (known as disclosure of accounts) and therefore is extremely vulnerable to investors’ and bankers’ perceptions about its progress and success. Following on from this, a PLC is also at risk from a takeover from an outside body, if they manage to accumulate over 50% of the shares in the PLC.

Individuals, entrepreneurs who seek to make profit from their business activities, set up private sector firms.  Although many private sector firms are controlled by entrepreneur(s), different, people (or organisations) may own them, for example companies owned by shareholders, either as private or institutional (organization-based) investors.  This may lead to a conflict between ownership and control.

The public sector consists of those organisations owned or financed by central and local government.  This sector provides goods and services to the community through public corporations, local government and other statutory agencies (e.g. the NHS).  The profit motive is not so prominent: the emphasis in the public sector is on providing for the community by the community, using funding supplied through taxes and government borrowing.  

PLC’s must have a minimum £50,000 share capital, and can sell their shares to the public and may be quoted on the stock exchange.  A stock exchange acts as the market for second hand stock and shares (securities).  It therefore encourages investment in business, offering investors a degree of protection through its strict rules of admitting firms (AIM).  Public corporations have a separate legal existence through the act of parliament creating them.  Their assets are owned by the state on behalf of the community.  Their objectives, whilst influenced by commercial considerations, often emphasise social aspects.  PLC’s find it easier to raise finance, tend to be much larger than private companies, and find ownership and control more clearly separated.

Divorce of ownership and control

This phrase is closely associated with PLC’s: shareholders own the company but do not control it.  Few directors have direct say in the daily running of the PLC, because through the annual general meeting (AGM) they appoint specialist directors to exercise effective day to day control on their behalf.

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Once ownership and control has separated in this way, the decisions made by the directors-the controllers-may clash with the wishes of some of the shareholders-the owners.  A common example is where the shareholders may wish to see a policy of profit maximisation, which may not be the wish of directors who see long-term growth as a more important strategy to pursue.

Legal Liability and legal status

Most large companies are limited by share and must include limited or plc as appropriate in their name.  One feature of limited companies is that they all have separate legal identity from ...

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