Table of Content
There exist various types of business organisations that differ from each other by their capital requirements, control, nature of liability, stability, etc. Some of the forms of business include sole proprietorship, partnership, co-operative societies, company, etc.
The sole proprietorship and partnership forms have some severe limitations when it comes to financial requirements, professional management, and liability. A business form that overcomes these problems to an extent is a joint-stock company.
This article highlights the joint-stock company meaning, benefits, and more.
A joint-stock company is a business organisation jointly owned by the company’s stockholders. The ownership percentage of each shareholder depends on the number of shares they hold. In a public joint-stock company, the stocks are traded on the stock exchanges.
The members of the company can join and exit it voluntarily. Even if the members sell the shares to other investors, the company continues to exist with the current shareholders as its owners. Therefore, the company’s life does not depend on any members.
The current shareholders enjoy the gains or bear the losses of a joint-stock company in proportion to the number of shares they hold. However, ownership and management are two different parts of such a business form.
When all the shareholders are considered the company’s owners, the management is in the hands of a few members, who act as representatives, elected by the shareholders. The common seal of the company works as a signature for documents and matters where the company’s approval is needed.
Historically, joint-stock companies’ members tend to have unlimited liability. Though after its incorporation, members possess limited liability. The company acts as a separate legal entity, with a different identity from its owners.
Some examples of Joint-stock companies in India are Reliance Industries Limited, State Bank of India, Oil and Natural Gas Limited, Indian Oil Corporation, and so on.
A joint stock company is a popular form of business. It has certain features that make it different from other structures, like sole proprietorships or partnerships. These features make it suitable for running large businesses while protecting the interests of shareholders.
The company is treated as a separate person in the eyes of law. It is not the same as its shareholders. It can own land, open bank accounts, enter into contracts, borrow money, or even take legal action in its own name. This means the company continues to function regardless of the personal lives of its members.
The liability of shareholders is limited to the amount they have invested. If the company faces a loss or debt, shareholders only lose their share value. Their personal property or savings are not at risk. This makes investing in joint stock companies safer compared to other forms of business.
A joint stock company does not depend on its members for survival. If a shareholder dies, sells their shares, or resigns, the company continues to exist. It can only end when it is legally dissolved. This stability helps the company plan and operate long-term projects.
Shares of the company can be transferred from one person to another. In public companies, this transfer is easy and done through stock exchanges. In private companies, there may be restrictions, but transfer is still possible with approval. This feature gives shareholders freedom and liquidity.
Every joint stock company must be registered under the law. Registration gives the company its separate legal status. Without it, the business cannot function as a joint stock company.
Shareholders are the real owners of the company. They enjoy rights such as voting in meetings, receiving dividends, and influencing decisions like selecting directors. Their collective decisions guide the company’s future.
Joint stock companies must share their financial performance and essential information regularly. They publish annual reports, audited accounts, and other details for the benefit of shareholders and the public. This builds trust and accountability.
Joint stock companies are not all the same. They are divided into three main types, depending on how they are formed and governed.
These companies were created by a royal charter or a special order from the head of state. They enjoyed special privileges and powers. For example, the East India Company and the Hudson’s Bay Company operated with such authority. Although rare today, they played an essential role in history by controlling trade and resources.
These companies are created by a special law passed by the parliament or the state legislature. The law clearly states what they can do, their powers, and their duties. They usually serve critical national needs or public welfare. Examples are the Indian Railways and the Reserve Bank of India. They are not registered under the Companies Act but are controlled by their own special laws.
These are the most common types of joint stock companies. They are formed by registering under the Companies Act or similar business laws. Registered companies are of two types:
The two terms are often used as synonyms for one another. But they are not the same. A joint-stock company is a broad category that includes both private and public companies. A public company, on the other hand, is one specific type of joint-stock company.
Check out the differences in the table below:
Basis | Joint-Stock Company | Public Company |
Meaning | A business owned by shareholders, registered under company law. It can be either private or public. | A type of joint-stock company that offers its shares to the public. |
Ownership Transfer | Share transfer may be restricted, especially in private joint-stock companies. | Shares are freely transferable through stock exchanges. |
Disclosure | Fewer reporting and disclosure requirements. | Must follow strict disclosure and reporting rules for transparency. |
Regulation | Governed mainly by company law, with fewer obligations in private companies. | Regulated by company law, stock exchanges, and SEBI. |
Capital Raising | Limited ability to raise funds, especially in private companies. | Can raise large amounts of capital from the public through share issues. |
Examples | A joint stock company example is a private limited company and a public limited company. | Only Public Limited Companies. |
In short, every public company is a joint-stock company, but not every joint-stock company is public. Private joint-stock companies work with fewer rules, less reporting, and limits on share transfers. Public companies, however, face stricter regulation and disclosure requirements. The benefit is that they can raise money from the public and grow on a much larger scale.
The benefits of joint-stock companies are as follows.
To conclude, the joint-stock company is a business form that the stockholders of the company jointly own. The business structure is similar to a public company, where ownership is easily transferable. However, the formation and administration of a joint-stock company takes a considerable amount of time and money. Fortunately, new stock trading apps are emerging that offer faster and more affordable alternatives to traditional investment structures. Moreover, the conflict of interest is one of the most significant limitations associated with such a business form, as managers and owners are different.
Ans. All the investors, who have at least one share of the joint-stock company, are partial owners of the company. The owners elect the directors for the day-to-day management of the company. Thus, the board of directors is responsible for the company’s management.
Ans. The joint-stock company can be formed by at least two members and there is no limit to the maximum number of members.
Ans. The joint-stock companies can be categorized on various grounds. Based on incorporation, it can be categorized as a registered company, chartered company, or statutory company.
Based on liability, there are three types, namely, unlimited liability company, limited liability company, and the company limited by guarantee.
Based on ownership, the joint-stock company can be categorized as a government or non-government company.
IIFL Customer Care Number
(Gold/NCD/NBFC/Insurance/NPS)
1860-267-3000 / 7039-050-000
IIFL Capital Services Support WhatsApp Number
+91 9892691696
IIFL Capital Services Limited - Stock Broker SEBI Regn. No: INZ000164132, PMS SEBI Regn. No: INP000002213,IA SEBI Regn. No: INA000000623, SEBI RA Regn. No: INH000000248, DP SEBI Reg. No. IN-DP-185-2016, BSE Enlistment Number (RA): 5016
ARN NO : 47791 (AMFI Registered Mutual Fund Distributor)
This Certificate Demonstrates That IIFL As An Organization Has Defined And Put In Place Best-Practice Information Security Processes.