The Companies Act (2006) recognises a distinction between two different types of limited liability companies: A private company where the investment is largely provided by the founding members either through their personal savings or from bank loans, and a public company where the intention is to raise large amounts of money from the general public.
The law assumes a closer relationship between the members in a private company than in a public company. Therefore, private companies commonly restrict the membership of their company in the articles of association.
A company is a legal person distinct from its members and Moorview Sale Limited trades as a private limited liability company.
A Limited Liability Company can hold property in its own name and sue/be sued in its own name. Members are not directly responsible for debts beyond their capital contributions.
The advantages of a limited liability company are: separate legal personality, limited liability, and potential to access wider range of funding, reputation and credibility. A limited liability company has a dual nature: an association of members and a person separate from its members. Therefore, the property of a company is owned by the company as a separate person and not by the members. Moreover, a business of a company is conducted by the company as a separate person and not by the members. It is the company that enters into contracts in relation to the business and property of the company.
Separate legal
Some of the benefits of a Limited Liability Company are that as a Limited Liability Company it limits the owner of personal liability for business actions. The members are liable, but normally just to the amount of their share in the business. Their individual assets are not considered for resolving business debts. The fact that your personal assets are protected is a great benefit. Whereas, operating under a partnership all members are individually accountable for the company’s debt. In comparing the differences between a
Limited liability means it does not exceed the amount invested in a partnership or limited liability company. The limited liability feature is one of the biggest advantages of investing in publicly listed companies. While a shareholder can participate wholly in the growth of a company, his or her liability is restricted to the
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.
Convenience/Burden: Limited Partnerships have extra requirements placed upon them to comply with state regulatory requirements. They must maintain a registered agent to represent them in the state in which they were formed. They are also required to file an informational report with the IRS of the profits passed to the general partners.
* Limited Liability - Unlike partnerships and sole proprietorships, corporate shareholders are not liable for any of the corporation's debts.
Proprietorships have three advantages: they are easy and inexpensive to form, subject to few regulations, and no corporate income taxes. The disadvantages are difficult to raise capital, unlimited liability and limited life. Partnership are similar to proprietorships in that they can be stablished relatively easily and inexpensively. The partners are generally subject to unlimited personal liability, this makes it difficult for partnerships to raise large amount of capital. Corporation also have unlimited lives, and easy transfer of ownership, limited liability and ease of raising capital to operate larger businesses. The disadvantages are double taxation, the corporation’s earnings are taxed; and then when its after-tax earnings are paid out as dividends, those earnings are taxed again as personal income to the stockholders. Limited liability reduces the risks endure by investors; and other things held constant, the lower the firm’s risk, the higher its
Liability: The name of this form of business accurately describes one of its greatest advantages: limited liability. LLC’s share the same limits of liability afforded to corporations. Our owners are limited in personal liability since the company and the owners are separate legal entities: just as in a corporation. However, each of our founding members is willing and able to assume personal liability for financial funding. Waiving the veil of financial liability protection is allowed under state LLC rules (Small Business - Chron.com, 2015)
When starting a new business, it is very important to decide the form of legal entity which may be appropriate based on a number of factors. The legal entity can be sole proprietorship, partnerships (general and limited liability partnerships), limited liability companies, or corporations. One of the most important factors to consider when deciding the appropriate form of legal business entity is complexity. If one has limited capital and wishes to start a simple business unit, then sole proprietorship is the most appropriate. The second factor is the need for protection from the risk of liabilities. If the new business operates in a volatile industry where it is possible to experience huge financial losses, then a limited liability company or partnership can be considered appropriate. The ease of formation is another factor. It is easy to form a sole proprietorship as opposed to other forms of businesses. The issue of taxation may also influence the form of business entity that a person or group of people may choose. The aim is always to minimize tax as much as possible. According to Chiappinelli (2006), another important factor that should always be considered is the ease with which capital can be raised. It is easier to raise capital in limited liability companies or in corporations than it is in sole proprietorship.
Limited liability companies are owners that are not liable for claims against their firm. They may lose their investment in the company, but not their personal assets.
A limited liability company is a creature of state law. Prior to the late 1970s, it had never been a choice for businesses because it didn't exist. In the late 1970s, the State of Wyoming passed an act creating it. It took another ten years or so before other states caught on. Once they did, the mad rush was on to pass legislation allowing for the creation of LLCs in nearly all states. The world of business entities had been changed forever.
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
LLCs provide some liability protection to their owners, who are generally not personally responsible for the business debts and liabilities of the LLC. Creditors cannot pursue the personal assets of the owners to pay
Creditors together with litigators ought to go after the business property other than the owners' property. According to Stones, "There are circumstances however that an owner of an LCC can be held liable one of them is an ordinary liability (Stone, n.d.)." As far as ordinary liability is concerned, only Limited Liability Company property is used to pay off the company debts, and the owner will only lose money that they invested. Owners of the LCC can also be liable for lawsuits against the company if the owner has individually injured somebody and caused financial loss during business operations (Miller & Hollowell,
Limited liability Company (LLC): Business’ owners are only subject to limited liability for company’s debts and actions. Owners will be only liable for their own mistakes or negligence that they may show in occasions.
Facebook choose to be a Ltd company as it beginning, because Mark Zuckerberg and his classmates aer students on that time. So they do not have enough money to set up a plc company. And the aim of Mark Zuckerberg making facebook is that he just wants the make the distance of people become closer than before. And make the communication of people convenient. There are many advantages and disadvantages of Ltd and Plc. If a company chooses to be an Ltd, they can get money by selling their shares despite they can only sell shares to friends and family. This might be easy for the company to control the shares selling. That means Mark Zuckerberg only sell the shares of facebook to his classmates and family before its flotation. So he can choose which people do his shareholder. Ltd also can easier to attract investors because of the security of limited liability. The business is continuity to exist even one of the owners died or sick. However, being an Ltd has negative effects as well. The business cannot sell on the stock market means that they can not gather so much share capitals. This is a reason why Mark Zuckerberg decided to sell the shares on the stock market. The accounts of the business must be public, and the profit should share with the shareholders. The decision making is not just by one person. Sometimes it is a good thing for solve problems, but there is also a potential disagreement among shareholders. When a company