COMPANYFrom of company falls under companies Act 1995 (Revised 1973). A corporation, also known as a Limited Company, is a legal entity which is separate and distinct from its member (share holders). Each shareholder has limited liability. A creditor with a claim againts the assets of the company would normally have no rights againts its shareholders, although in certain circumstances shareholder may be held liable. It is recommended that legal advice be sought. This type of business can be incorporated at either the federal or provincial level.

CHARACTERIS

TICS O

F

COMPANY

1) Right and Responsibility

No member can be held personally liable for the debt.

Can afford own properties Can be prosecuting. Take an action throught the

managers that has been paid by company.

2) DURATION OF PARTNERSHIP

The duration of partnership is not restricted to life of owner or partner

The partnership has a continuos existence as long as partnership is not dissolute by the owner or partner.

3) Liability

Partner may withdraw capital but their liability for the firm’s debt to its creditor is unlimited.

4) Members

The minimum is two and the maximum is twenty for the common partnersip. But, there is no limitation on the number of partner for professional firm.

Type

Of C

ompa

ny

1) Company Limited by Shares

Members cannot be asked to pay more than the amount (if any) unpaid on his shares when the company is dissolve.

A company limited by share can be either public or private company

2) Company Limited by Guarantee Liability of the members is

limited by the memorandom of association (MOA) to the amount that the members have guaranteed to contributed to the asset of the company dissolves.

3) Unlimited Company

Category Of Company Limited by

Shares

Companies may be classifieds as follows:-

Private Company Public Company Foreign Company

PRIVATE COMPANY Characteristic of Private Company:-

The volume of the member must be at least 2 to 50 persons on one time.

A prohibition against raising money from public by made any invitation to the public to subscribe for any shares in or debentures of the company.

A prohibition against raising money from public by made any invitation to the public to deposit money with the company for fixed periods or payables at call whether bearing or not bearing interest.

All the barriers are falls under section 15(1) Company Act 1965 and must state in Articles of Association (AOA).

Must use “private Limited” or “Sdn.Bhd” or “Sendirian Berhad” at the end of company’s name. 

Compulsory for Private Company:-

Memorandum of Association (MOA) Articles of Association (AOA). Shares Capital Allow Capital Paid Capital Members/Shareholders Managing Director Secretary Auditor Registered Office Company Sealed Power of attorney

ADVANTAGES OF PRIVATE COMPANY Easy to gain capital by transferability by shareholder. Shareholders are protected by law. Shareholders are not responsible to liabilities of

business. Shareholder’s liabilities are restricted to quantity of

capital investment only. The period of company guaranteed because the

company no need to dissolve if one of shareholders is die or surrender from the company.

The potential to expand the business is high.

DISADVANTAGES OF PRIVATE COMPANY

The operation of the company is restricted to the registar of companies.

Company shares cannot be trade thought market shares.

Must pay a various of tax. The financial report must be

complete related document and must be endorse by commissioner auditors.

COMPARISION WITH COMPANY, SOLE PROPRITORSHIP, AND PARTNERSHIP.

SOLE PROPRITORSHIP PARTNERSHIP COMPANY

Registration and ownership

Registration and ownership

Right and responsibility

Management Estabalishment Duration of partnership

Liability Type of partnership•General partnership•Limited partnership

Liability

Profit/loss portion Type of partner•Active partners•Sleeping partners•Nominal partners•Special partners

Members

Tax Reasons of business dissolve•Death, bankrupt, mental disorder by partners•The objectives are realize•No interest to continue the business or the period of partnership is over•War•Court order

Type of company•Company limited by shares•Company limited by guarantee•Unlimited company

Category of company limited by shares•Private company•Public company•Foreign company