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What Is the Difference between Joint Stock Company and Partnership

By april 17, 2022No Comments

3. Within the framework of the company, the shares are not transferable. No partner can transfer their shares to other people. Transferability of shares: In a partnership, a shareholder is not allowed to transfer his shares without the consent of other partners. In a public limited company, on the other hand, the members of a public limited company have the right to sell their shares to third parties without obtaining the consent of the other shareholders. But for this, they are obliged to follow the procedure. Members of a limited liability company cannot transfer their shares. A partnership is an association of two or more people who have joined forces to share the profits of transactions made by all or one of them for all. Partners are essentially people who own the partnership business individually. This sometimes happens when one partner provides most of the capital and the others bring their skills, i.e. technical and management skills with or without capital. The partnership contract is a document in which all the conditions of the partnership are mentioned.

At least two people should be present to start such a business. The minimum number of members is two in a partnership. While in public limited companies, the minimum number is two in a private company and seven in a public company. A public limited company differs from a company in some respects. A corporation exists under a state charter, while a corporation is formed by an agreement between the members. The existence of a public limited company is based on the right of individuals to conclude contracts between themselves and, unlike a public limited company, does not require the granting of powers by the State before it can organize. While members of a corporation are generally not held liable for a corporation`s debts, members of a public company are liable as partners. 9. In the case of a public limited company, not all the shareholders know each other.

In the partnership, each partner has the implicit power to bind his or her co-shareholders by shares in the ordinary course of business, but in a partnership, a shareholder does not have that power because there is no mutual representation between the different shareholders. Number of members: At least two people must be present to start a partnership company. For banking transactions, there should be a maximum of ten people and for other types of business twenty people. Whereas in a public limited company, if it is a public limited company, the minimum number is seven and no maximum limit. In the case of a limited liability company, the minimum number is two and the maximum number is fifty. A shareholder may not transfer his or her interest in the law firm without the consent of all other partners. He may, of course, transfer his share in the company, but the transferee is only entitled to the financial benefits relating to the share and becomes a shareholder only if the other members of the company agree to it. In a partnership firm, the maximum number of members is 20 in general business and 10 in banking companies.

In a corporation, the maximum number of members is 50 in a private corporation and there is no maximum limit in a corporation. Worried investors are waiting for news from the South Sea Company, a limited company founded in London in 1711. Corporations are a form of partnership in which each member or shareholder is financially responsible for the shares of the corporation. LIBRARY OF CONGRESS The incorporation of a corporation is quite difficult and complicated. Many legal formalities are associated with it. Registration is mandatory, expensive, complicated and time-consuming. The minimum number of members is 2 in a limited liability company and a maximum of 50. In a public limited company, the minimum number of members is 7 and there is no maximum limit.

In contrast, a public company consists of a large number of shareholders who do not know each other. A change of membership or a transfer of shares has no effect on the sustainability of the company and the death of a shareholder does not entail its dissolution. Unlike the partners of a partnership, a shareholder of a public limited company does not have an agency relationship with the company or one of its members. Huge capital for a partnership company cannot be secured. There is the possibility of obtaining huge capital in the case of a corporation. A transfer of shares is not possible without the consent of all shareholders of a partnership. In the case of public limited companies, shares may be transferred freely. The company does not have a separate legal status that differs from its members (associates). adhesion.

The transfer has no impact on the sustainability of the organization, both as a public company and as a company through central management, a board of directors, trustees or governors. Individual shareholders are not authorized to act on behalf of the Company or its members. 6. Corporations have a long lifespan or are somewhat permanent. For the company, it makes little difference if a shareholder dies or transfers their shares to others. It is simply a matter of changing the ownership of the shares. A corporation is a registered voluntary association of individuals for profit, created by law, owned by shareholders, but managed by their few representatives, that is, directors. Public trust: Because the partnership`s accounts are not published and published, the partnership may not be able to gain the public`s trust. Whereas in a public limited company, the financial statements are audited by a board and then published. This helps to create public confidence in the operation of the company. Auditing a company`s accounts is a legal necessity, but it is not in the case of a partnership doing business if the total annual turnover, turnover or gross income of the company does not exceed Rs 40 lakhs.

10. The risk may be taken in the case of a public limited company. A partnership may or may not be registered, but in the case of a company registration, this is essential. Registration of the partnership is optional. (except in Maharashtra) Creating a partnership company is simple and straightforward. Minimum legal formalities are associated with it. Only one agreement is required. Registration is also not mandatory. However, it is mandatory in the state of Maharashtra.

8. Large-scale production is introduced in the case of public limited companies. Distinguishing between a joint-stock partnership company Here are some of the differences between a partnership company and a public company. In the case of a private company, the transfer of shares also requires the prior approval of the board of directors. But in the case of a public limited company, a shareholder can freely transfer his shares without restriction, and the purchaser is entitled to all membership rights. 4. The partnership shall not have a legal existence as a public limited company. In a partnership, the liability of each partner is unlimited, jointly and severally. In a public limited company, the liability of each shareholder is limited.

8. The volume of production is low within the framework of the partnership. 5. A public limited company must obtain the approval of the registrar and comply with the rules and regulations of the company. From the above discussion, we can say that there are big differences between the two types of businesses, and therefore, everyone should study in detail the advantages and disadvantages of both companies as well as a partnership before making a decision about entering into a partnership or starting a business. The corporation is a major permanent successor and a widely recognized corporate organization. On the other hand, the partnership enterprise is a small and medium-sized enterprise organization that is limited by various restrictions and is operated on the basis of agreements. Liability: With respect to commercial debts, each partner in a partnership is liable without limitation.

All partners are jointly and severally liable for all debts and obligations (types of) of the company. Whereas in a public limited company, the liability of the partners is limited by the guarantee or by the shares. You are not responsible for the company`s debts. .