Joint Stock Company

The joint stock company is often synonymous with separate legal incorporations. A joint stock company is a business entity where the ownership is divided into shares and shareholders. It runs as a separate legal organization from its owners and is managed by a board of directors. 

You can think of the joint stock company as an individual in an organization with a separate existence, which can sue or be sued in its name. 

 

What are the Key Features of a Joint Stock Company?

Joint stock companies allow businesses to raise large sums while limiting individual liability. They are often referred to as corporations or limited companies. It differs from other companies in the lack of any internal ownership. 

The key features of a joint stock company are: 

• The joint stock company is a separate legal entity
• It offers limited liability, which is only relative to the amount invested in the shares 
• Allows raising funds from multiple investors 
• Easy transfer of shares 
• Even after a change in ownership, the company continues to exist 
• The joint stock company is the official company signature 
• The joint stock company is managed by directors and owned by shareholders

 

Types of Joint Stock Company

The joint stock company is divided into different types based on the country's economic activities and business laws. 

The different types of joint stock companies are:

1. Private Limited Companies 

• The shares are held privately and are not for trade on the stock exchange
• The minimum and maximum number of members are 2 and 200
• Examples of Private limited companies are Flipkart, Ola, etc 

2. Public Limited Companies 

• The shares are traded on stock exchanges for public investments 
• The minimum number of members is 7 with no upper limits
• Examples of public limited companies are Reliance Industries, Tata Motors, and Infosys

3. One-Person Company 

• The company has a single owner acting as a shareholder and director
• A one-person company is suitable for small businesses 

 

Advantages & Disadvantages of a Joint Stock Company 

The joint stock company ownership offers advantages and disadvantages. The owners and the board of directors make the decisions within the company, perform separate duties and extend the company's sales and assets according to the need and demand. 

Advantages of a Joint Stock Company 

• The joint stock company offers limited liability, protecting shareholders from personal losses.
• Allows raising funds from multiple investors 
• Efficient management of operations
• High chances for growth and expansion 
• Unaffected by changes in ownership

Disadvantages of a Joint Stock Company 

• The joint stock company comes with legal formalities 
• The shareholders and directors get into conflict over decision–making
• Lack of confidentiality 
• Tax and dividends are high 

 

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Frequently Asked Questions (FAQs)

What is the difference between a joint stock company and a partnership deed?

A joint stock company has a separate legal entity, limited liability, and can raise funds through shares. A partnership deed is not a separate entity; the partners have unlimited liability, and the firm relies on contributions from partners. 

Can one person start a joint stock company?

Under the Companies Act 2013 (India), one person can form a company with a single shareholder and director. 

What are the legal requirements for forming a joint stock company in India?

The main legal requirements for forming a joint stock company in India are:

• Registration under the Companies Act 2013 with the Ministry of Corporate Affairs (MCA).
• Memorandum of Association (MOA) & Articles of Association (AOA) to define company objectives and rules.
• Minimum capital investment as per company type.
• Obtaining a Corporate Identification Number (CIN) and GST registration.