Memorandum of Association

Company limited by guarantee are organisations which are registered with a company house and are found more within organisations that are of a larger size and have their own buildings, employ their own staff and have significant contracts or other responsibilities. These companies have a legal right of their own, which means that any agreements or contracts made with that certain company are held within the name of the company, however this limits financial liability.

There are several different types of business ownership which are most commonly used in business’ and company’s today, these include; Co-operative which is a business owned by its employees, Partnership which is a business owned by between 2 and 20 people, Private limited which is a business owner by a small groups of people who have shares and a Public limited business is owned by private individuals by shares bought and sold on the stock market. A charity is a business with the purpose to help the public, the government is a business owned by the government and lastly a sole trader which is a business owned by only one person.

The ownership of Tesco PLC is being a public limited company where a business is large and well-known which is what Tesco PLC is. This is a chain of retailers with some sort of branch in city centres. Being a public limited company means that shares are traded on the stock exchange which is where businesses such as Tesco PLC shares are traded on a centralised market. Shares from public limited companies such as Tesco PLC are offered to the public. Furthermore, shares are sold publicly to anyone.

Downsides to being a public limited company is that there will be greater access to the company’s financial performance and actions which loses abut of the businesses privacy. The value of the company will be determined by financial markets through the trading of the company’s shares.

The organizational forms a company might have as it evolves from a start-up to a major corporation are: sole proprietorships, partnerships and corporations. The advantages of a sole proprietorship are that is is easily and inexpensively formed; is subject to few government regulations and it’s income is not

The definition of company is 'A legal entity, by legislation, which permits groups of people, as shareholders, to apply to government for an independent organization to be created, which can then pursue set objectives ' (Duhaime, 2014).

Firstly, being a public limited company restricts the liability of shareholders to only their shares. This means that shareholders cannot lose more money than they

Choosing a Corporation/Company Structure - the business structure of a company/ corporation is highly recommended, it has the flexibility to gain more capital, or credit capability and assets used as security. Based on the Corporation Act 2001 (Cth) AC 22, a corporation is another legal entity with their own legal rights, duties and responsibilities separate to the individual or owner of the company (Harris, Hargovan & Adams, 2013, pp 229). The risk and consequences are one of the principal considerations of choosing a company structure (Harris, Hargovan & Adams, pp 50). Based on the “Corporate Veil” Liability is owned by a separate legal entity and not to the extent of the owner, for instance, the debt of the company is not a personal liability, but the company. This is further explained in the case below.

After the creation of a business plan, the next step to operating a business is the selection of an appropriate business structure. Different legal forms of business ownerships affect different managerial and financial factors from the business names to the tax obligations (Gregory, n.d.). The most common forms are sole proprietorship, partnership, cooperatives, and corporations. There are different types of corporations in the business world, but the two most general corporation types are S Corporation and Limited Liability Company (LLC) (Ferrell et al., 2013). The sole proprietorship is the easiest and most basic form of business ownership. It is owned and run by one individual, which is the proprietor. The individual is entitled to all profits and is responsible for all the business’s

Unlike partnership, a company is distinct from the members and is capable of enjoying rights and duties in its own capacity, which is not the same as those of its members. As Lord Macnaughten in Solomon v Solomon & Co Ltd case quotes “the company is at law a different person altogether from the subscribers and the company in law is not the agent of the subscriber or trustee for them. Nor are the subscribers as members liable, in any shape or form, except to the extent and in manner provided by the

It is allowed to raise capital through the medium of the Stock Exchange, which quotes their share prices, and this creates a fullness of financial possibilities. The initials "PLC" (or plc) appear after the name of the public limited company. Only two people are needed to form a public limited company and there is no stated maximum of shareholders. In Cadbury's case it is owned by many shareowners, some of whom are members of staff. Cadburys business advantage is: - Shareholders have limited liability, so it means that the shareowners lose what they

After the company has been approved the new shareholders have to elect a board of directors whom are going to run the company on their behalf. The directors are been elected to do the day to day running of a company, and because of their expertise and skills. After the broad of directors are elected of the shareholders they take over they responsible of the running of the company. Each share equals one vote, but in most cases small numbers of shares have little to say as in most cases large investors who hold the majority of shares have the power and saying in the company. The number of shares in one company, which equals 100% differ from company to company, and the price per share differ as well. There are two different types of companies: private limited companies and public limited companies. Shares cannot be traded without the approval of the board of directors in a private limited company. The shares are also only sold to friends or family member with a prior agreement and not to the general public. Normally a private limited company has the letters “Ltd” after its name, On the other hand a public limited company is selling their stocks on the Stock Market to the general public. Public limited companies sometimes carry the letters “PLC” after its name. The value of a company is all shares added together and have to equal 100% of the shares. This is how the value of a company constantly is change, as a result

The principals (the shareholders) have to find ways of ensuring that their agents (the managers) act in their interests.

(c) signed by each subscriber who shall add his present name and surname in full, any former name or surname in full, his occupation and father's name or, in the case of a married woman or widow, her husbands or deceased husband's name, in full, his nationality and, if that nationality is not the nationality of origin, also the nationality of origin, and his usual residential address in full, in the presence of at least one witness who shall attest the signature and shall likewise add his father's name or, in the case of a married woman or widow her husband's or deceased husband's name, in full, as the case may be, address and occupation; and

As mentioned on business.govt.nz, a company is a formal and a legal entity in its own right, separate from shareholders. Company forms, when shares of property registered under the companies act 1993. The company owns the assets and liabilities and is responsible for any debt. Shareholders responsibility is limited to their share of ownership in the company. This feature is called limited liability and is made to give protection to shareholders in the company. However, if you’re running the business as a director, you are also liable for debts if your conduct irresponsible, dishonest or not in the company’s best interests. A company can raise more funds with more owners/shareholders.