Limited company
| Companies law |
|---|
| Company · Business Sole proprietorship Corporation Cooperative |
| United States |
| S corporation · C corporation LLC · LLLP · Series LLC Delaware corporation Nevada corporation Massachusetts business trust |
| UK / Ireland / Commonwealth |
|
Unlimited company Community interest company |
| European Union / EEA |
| SE · SCE · SPE · EEIG |
| Elsewhere |
| AB · AG · ANS · A/S · AS · GmbH K.K. · N.V. · OY · S.A. · more |
| Doctrines |
| Corporate governance Limited liability · Ultra vires Business judgment rule Internal affairs doctrine Piercing the corporate veil Rochdale Principles |
| Related areas |
| Contract · Civil procedure |
A limited company is a type of business entity.
In the United Kingdom or Republic of Ireland it is a corporation with shareholders whose liability is limited by shares (Ltd), which is the most common form of privately held company. Setting up as a limited company is an attractive option for many people as, unlike sole proprietorships, personal assets are distinct from company finances.
The private company equivalent in Australia is the Proprietary Limited company (Pty Ltd). An Australian company with just Limited or Ltd at the end of its name is a public company, such as a company listed on the ASX (although public companies can be, and often are, unlisted). Australia does not have a direct equivalent to the plc.
- Private company limited by guarantee
- A company that does not have share capital, but is guaranteed by its members who agree to pay a fixed amount in the event of the company's liquidation. Charitable organizations often incorporate using this form of limited liability. Another example is the Financial Services Authority. In Australia, only an unlisted public company can be limited by guarantee.[1]
- Private company limited by shares
- Has shareholders with limited liability and its shares may not be offered to the general public. Shareholders of private companies limited by shares are often bound to offer the shares to their fellow shareholders prior to selling them to a third party.
- Public limited company (plc)
- Public limited companies can be publicly traded on a stock exchange — similar to the U.S. Corporation (Corp.) and the German Aktiengesellschaft (AG).
A shareholder in a limited company, in the event of its becoming insolvent (equivalent to bankruptcy in the U.S.) would be liable to contribute the amount remaining unpaid on the shares (usually zero, as most shares are issued fully paid). 'Paid' here relates to the amount paid to the company for the shares on first issue, and not to be confused with amounts paid by one shareholder to another to transfer ownership of shares between them. A shareholder is thus afforded limited liability.
A limited company can be registered in England and Wales, Scotland, Northern Ireland, the Republic of Ireland or Australia. The registration of companies in Great Britain (England, Scotland, and Wales) is done through Companies House. Registration of companies in Australia is done through the Australian Securities and Investments Commission (ASIC)[2].
The registration of companies in Northern Ireland has been the responsibility of Department of Enterprise, Trade and Investment. From 1 October 2009 responsibility transfers to Companies House, under the Department for Business Enterprise and Regulatory Reform (BERR)[3].
Northern Ireland will retain a registry function and presence along similar lines to the Companies House Scotland model. This means that the office will remain in Belfast and we will retain the Registrar for Northern Ireland.
Equivalent constructs to limited companies can be found in most countries, although the detailed rules governing them vary widely. It is also common for a distinction to be made between the publicly tradable companies of plc type (for example, the German Aktiengesellschaft (AG), Czech a.s. and the Mexican, French and Polish S.A.), and the "private" types of company (such as the German GmbH, Polish Sp. z o.o., and the Czech s.r.o.).
[edit] See also
- Types of business entity
- Company formation (UK)
- Corporation
- Limited liability company (LLC) (US)
- Limited liability partnership (LLP) (US)
- Share capital
- Unlimited company
- Yūgen gaisha
[edit] References
- ^ "Australian Limited Companies". http://www.limitedcompany.com.au. Retrieved 2010-08-15.
- ^ "Australian Securities and Investments Commission". Asic.gov.au. http://www.asic.gov.au. Retrieved 2010-08-15.
- ^ "Northern Ireland Company Registry Integration". Companies House gov.uk. 1 October 2009. http://www.companieshouse.gov.uk/companiesAct/niCompReg.shtml. Retrieved 2010-08-15.