Paper Presentation for National Convention at GOA ONE PERSON COMPANY (OPC) – Understanding this Unique and Interesting entity BASIC CONCEPT The concept of an entity called a One Person Company (OPC) has been introduced by the Companies Act, 2013. Earlier, a company involved at least 2 persons to begin with. In such a company, a single person is the sole shareholder of the company who may as well be the Sole Director. The purpose is to enable small businessmen to function with a corporate identity, a separate legal entity having limited liability and Perpetual Existence, while remaining independent. Also, Compliances in the case of an OPC are a lot less as compared to those in the case of a Private Limited Company, in effect reducing costs. The member must appoint a nominee, and take prior written consent from him, who shall become a member of the company in case of death/ inability to contract of the owner. When an OPC’s paid up Capital exceeds 50 lakh rupees or if the average annual turnover of the company in the last 3 FYs exceeds Rs. 2 Crores, then the company must be converted into a private limited/ public company. ADVANTAGES 1. Small businessmen can get corporate status while remaining independent. They can be the sole owner and manager of their business, without requiring to find a dummy partner of any sort. 2. Freedom from many compliances, the time and cost involved as compared to a private limited company. 3. Separate legal entity, social status,
Asda Is a public limited company this means that there can be some advantages and disadvantages for example an advantage of a public limited company or PLC is that it has Limited Liability which means there is a limit placed upon the amount that can be claimed. A disadvantage of this as there is a lack of privacy which means the financial performance is available for all to view.
=Sole proprietorships- owned by one person plus earnings and debts are the owner’s income and debt.
Advantages- Less liability for stakeholders. Ability to raise funds/capital in the form of stocks as needed.
An advantage of being a public limited company is having limited liability because of only being responsible to amount invested into Tesco PLC. Another advantage of a public limited company is being able to liquidate. This is when shares are bought or sold to shareholders if on the stock exchange it’s quoted. An additional advantage of a public limited company is the share value as Tesco PLC’s value will be shown by the market capitalisation from being the share price being what it’s based on. An extra advantage of a public limited company is having better access to capital because of the existing and new investor are raising share capital.
A public limited company can cause many advantages and disadvantages for a business. An advantage of being a PLC is that it will give the company more of a prestigious profile. This could be easier to gain access to better suppliers or opportunities for the business. Another advantage of being a public limited company is Liquidity this means shareholders can buy and sell their shares.
Common stockholders are the basic owners of a corporation, but few stockholders of large corporations take an active role in management. Instead, they elect the corporation’s board of directors to represent their interests. Board members seldom get involved in the day-to-day management of the company. They establish the basic mission and goals of the corporation and appoint
• Control: An S- Corporation only allowed a small number of shareholders and the shareholders must be
There is a reason the term “small business” is vague; it reflects the lack of a generally accepted definition. The U.S. Small Business Administration (SBA) has established numerical definitions of small businesses. These size standards vary to reflect industry
* Small Businesses are companies that have between 1 and 99 employees under its organization.
Moreover, LLC’s offer many of the advantages of both the closely held forms of business (Sole Proprietorship, Partnerships, and limited partnerships) and those of the corporate forms of business. Most notable; reduced personal liability, relative simplicity to form and reduced regulatory operation burden to the owners. Following are the key reasons that our founding members have chosen to incorporate as an LLC:
The company believes that the executives and directors should own the stocks. In order to be a stockholder,
The belief is that this results from the fact that they are likely to already have access to the infrastructure as well as the organisational structure they need to get them up and running, in contrast to private individuals attempting to form organisations themselves from scratch.
Although doctrine of separate legal entity has the greatest importance in company law, it contains weaknesses that could be arguable. Professor Kahn-Freund described the doctrine as “calamitous” because it arise many issues, such as “How is it possible to check the one-man company and other abuse of company law?” Separate legal entity is inadequate for complex problems .
The concept of a company being a separate legal entity is the most striking illustration in separating the company from its owners. A paramount principle of corporate law is that no shareholder or member of a company is made liable for the obligations incurred by such incorporations A company is different from its members in the eyes of law. In continuations to this the opposite also holds true in the sense that neither can the company be held liable for the acts of its members. It is a fundamental distinction that a company is distinct from its members.
Small businesses are mighty minnows, reflecting the competitive spirit that a market economy needs for efficiency; they provide an outlet for entrepreneurial talents, a wider range of consumer goods and services, a check to monopoly inefficiency a source of innovation, and a seedbed for new industries; they allow an economy to be more adaptable to structural change through continuous initiatives embodying new technologies, skills, processes, or products (Ibielski 1997, p. 1).