Incorporation, Business organization, ASIC
There are a number of different business forms for each individual trader to hold and operate. However, the company limited by shares is the most popular form of business organization. A propriety company limited by shares may be a propriety (private) company or a public company limited by shares. This essay will mostly concentrate on a private company limited by shares. The terms ‘company limited by shares is defined in the Corporation Act in section 9.
Section “1.0 Introduction” briefly summaries what it will be present in this essay. Section “2.0 Background” gives the background information about the essay topic. This part explains the essential concept of the company as a separate legal entity.
Section “3.0 Corporate business organizations” deals with what a company is and what the difference is between a company and a corporation. This section of the essay presents the types of companies according to the extent of the liability of members. These are: companies limited by shares, companies limited by guarantee, unlimited companies with share capital and no liability companies. Section “4.0 The company limited by shares” examines features and characteristic of company limited by shares. Section “5.0 The incorporation of a company limited by shares” focuses on the incorporation of companies limited by shares. This part explains the process of incorporation; involves pre-registration requirements, registration by ASIC, post-registration obligations and how it is effect of incorporating a company limited by shares. Section “6.0 Analysis” includes economic justifications for limited liability and piercing the corporate veil in Australia. Finally, section “7.0 Conclusion” concludes main findings in body paragraph.
[...] However, reserving the company name can avoid a number of problems. The name must be reserved with ASIC two months prior to the date of lodging an incorporation application. The application for reservation of a company name can be mailed to ASIC or in person at any ASIC Service Center or lodged electronically via ASIC's website (Fitzpatric et al., 2011). A company name reserved with ASIC cannot be the same than an existing company name and has to be declared acceptable by regulations 601DC). [...]
[...] An example is the case of Brewarrana v Commissioner of Highways (1973), where this argument was rejected Conclusion A company limited by shares is by far the most important category in Australian corporate practice. The most important consequence of this is that the members of a company have limited liability. That company - as a separate legal entity - is responsible for its liabilities as an individual contracting party. If a company purchases items such as construction materials from another company, she is obliged to pay for them. [...]
[...] However, the company limited by shares is the most popular form of business organization. A propriety company limited by shares may be a propriety (private) company or a public company limited by shares. This essay will mostly concentrate on a private company limited by shares. The terms ‘company limited by shares is defined in the Corporation Act in section 9. Section “ 1.0 Introduction” briefly summaries what it will be present in this essay. Section “ 2.0 Background” gives the background information about the essay topic. [...]
[...] Section “ 5.0 The incorporation of a company limited by shares” focuses on the incorporation of companies limited by shares. This part explains the process of incorporation; involves pre- registration requirements, registration by ASIC, post-registration obligations and how it is effect of incorporating a company limited by shares. Section “ 6.0 Analysis” includes economic justifications for limited liability and piercing the corporate veil in Australia. Finally, section “ 7.0 Conclusion” concludes main findings in body paragraph. Background The history of the Australian legal system has a lot in common with the English legal system. [...]
[...] However, if the company makes a call, shareholders are liable to pay the balance of the issues price of their partly paid shares immediately. Also if such a company becomes insolvent, the shareholders are liable to pay any unpaid amounts without a call having to be made (Lipton et al., 2013). The shareholder of a company limited by shares has limited liability, so creditors of this company cannot satisfy their debts with the personal property of the shareholders (Lipton, et al., 2013). Hence, a limited company should have the world ‘limited' or ‘Ltd' at the end of the company's name 148(2)). [...]
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