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2. DEFINITION OF PUBLIC CORPORATION
BENEFIT
MEANING
FEATURE
ADVANTAGE
DISADVANTAGE
COMPARE
3. DEFINITION
PUBLIC CORPORATION
A company whose shares are publically traded and are usually held
by a large number(100-1000) of shareholders.
British term public limited company.
A government owned company such as airline and public trasit
company.
OR
A corporation created to perform a government function or to
operate under government control. such as –municipal water
company , hospital.
4. Corporation’s liability for damages or debts is limited to its assets,
so the shareholders and officers are protected from personal
claim, unless they commit fraud.
Tax advantage especially in states where there is no corporates.
5. MEANING
A public corporation is a corporate body created by the
special Act of the parliament.
Such Act defines the power, duties, privileges and pattern
of management of these organisations.
Such an organisation is a statutory body to serve the
general public.
A public corporation is clothed with the power of the
government, but possessed with flexibility and initiative .
A public corporation enjoys complete autonomy in
management
6. FEATURE
It is a corporate body created by the special act in the state.
It enjoys the status of a legal entity and as such it can enter
into contract in its own name.
It is completely owned by the government and as such no
private individuals are entitled to purchase shares of these
organisations.
A public corporation is managed by a board of directors.
The members of the board are from all walks of industry
and commerce. The chairmen of these corporations are
appointed by the government.
7. The entire capital is financed by the government. It was set up
with a capital of its own use and re-use revenue from the sale of
goods.
A public corporation is primarily meant to render service and
making profit is its secondary considerations.
The employees of corporation are subject to service conditions
laid down by the corporation. Civil service rules for the
government do not apply to the employees of the corporation..
8. ADVANTAGE
A public corporation is able to manage its affairs with
independence, initiative because it is an autonomous set up.
It is relatively free to adapt to changing circumstances because of
its autonomy nature.
It maintains continuous existence in spite of changes in the
government.
It leads to high morale among the executives and other employees
because of least government interference.
9. It can utilize the service of competent persons because it has its
own cadres of employees.
The board of directors consists of experts from business, labour
and consumers. So a board of director can give better advice for
the operation of the corporation.
Since public corporations are accountable to the parliament, they
are intended to render maximum service to the public instead of
maximum profit.
10. DISADVANTGE
The management structure in a public corporation is usually
decentralized so therefore the managers are in most cases not the
business owners. Since they are managers, they may not be motivated
towards the company's goal and vision as the entrepreneur that
created the business.
Taking a company public is very expensive due to legal fees,
meeting up with the demand of government agencies and regulatory
bodies and also the cost of undertaking an IPO (Initial Public Offer)
adds to the burden.
When you take your company public, you now have to serve three
bodies. You will now have to serve your customers, government
agencies or regulatory and the investors. This might be too
cumbersome or stressful for some entrepreneurs to handle
11. Public Corporations are subjected to more legal restrictions than
other type of entities.
When you take a company public, your company becomes
subjected to stiff accounting rules and principles.
When you form a public corporation, your business affairs and
financial statements can't be kept secret any longer. It must be
published to the public at large.
Public corporations are subjected to heavy corporate tax. They
pay both federal and state tax. Public corporations are also
subjected to double taxation. They are taxed based on their
earnings and the shareholders are taxed based on their dividend
12. DIFFERENCE BETWEEN A
PUBLIC CORPORATION AND
PRIVATE CORPORATION
A public company is developed by investors under the
sanctions of the security exchange commission, and a
private corporation is a business established by a person's
with no public offering to join as investors.
13. Maximum number of members
There is no limit on the maximum number of member of
a public company, but a private company cannot have more than
fifty members excluding past and present employees.
Commencement of Business
A private company can commence its business as soon as
it is incorporated. But a public company shall not commence its
business immediately unless it has been granted the certificate of
commencement of business.
Invitation to public
A public company by issuing a prospectus may invite
public to subscribe to its shares whereas a private company cannot
extend such invitation to the public.
14. Transferability of shares
There is no restriction on the transfer of share In the case
of public company whereas a private company by its articles must
restrict the right of members to transfer the share.
Number of Directors
A public company must have at least three directors
whereas a private company may have two directors.
Statutory Meeting
A public company must hold a statutory meeting and file
with the register a statutory report. But in a private company there
are no such obligations.
15. Statutory Meeting
A public company must hold a statutory meeting and file
with the register a statutory report. But in a private company there
are no such obligations.
Restrictions on the appointment of Directors
A director of a public company shall file with the register
a consent to act as such. He shall sign the memorandum and enter
into a contact for qualification shares. He cannot vote or take part
in the discussion on a contract in which he is interested. Two-
thirds of the directors of a public company must retire by rotation.
These restrictions do not apply to a private company.
16. Managerial Remuneration
Total managerial remuneration in the case of public
company cannot exceed 11% of net profits, but in the case of
inadequacy of profit a minimum of Rs. 50, 000 can be paid. These
restrictions do not apply to a private company.
Further Issue of Capital
A public company proposing further issue of shares must
offer them to the existing members. A private company is free to
allot new issue to outsiders.
Name
A private company has to use words ‘private limited’ at the
end of its name. But a public company has to use only the word
‘Limited’ at the end of its name.