A corporation is an organization formed by a group of
persons, and it has rights and liabilities separate from those of individuals involved. It may be a non-profit organization engazed in activities for the public goods. It may buy and sell property, enter into leases and contracts as well as bring law suits. It pay taxes and it can be prosecuted and punished, if it violates the law. The term corporation has been defined under Section 2(11) of the Companies Act, 2013. Section 2(11) of the Companies Act, 2013 defines corporation as body corporate registered inside or outside India but excludes cooperative societies, corporation sole or any other corporation formed by the order of Central Government. 1. The difference between company and corporations is the size. The corporation is a big business or entity whereas the company is a small business or entity. 2. The owners of a corporation are the shareholders whereas the owner of the company is its members. 3. The corporation is more structured and complex than a company. 4. The management and owners don’t interfere in the daily functions of the business in the corporation but on the other hand, the company owners interfere and run the daily tasks of the business. 5. There are more professionals observed in the corporation as employees than the company. 6. The types of corporations are C Corporation and S Corporation and the types of companies are sole proprietorship, partnership, limited liability corporation, limited liability partnership, and corporation. Kinds of corporation
1)S corporations
An S corporation is a business entity that passes almost all
finances through to its shareholders. These finances include income and losses, as well as tax deductions and credits. By passing all of these finances through to shareholders, S corporations are able to be taxed like a partnership but gain corporate perks.
More specifically, this means that shareholders are
responsible for income and loss. The S corp pays specific corporate taxes pertaining only to passive income and gains outside what the shareholders keep. This allows S corps to avoid the double taxation that often comes with C corps.
For example, let’s say you have a C corp with several
shareholders who have all invested the same amount. Before those shareholders see their profit, your company first has to pay corporate taxes on the income generated. Then, the already-taxed money is paid out to the shareholders as profit, who report it on their personal tax returns and pay tax again.
Within S corp, the profits are passed directly to the S corp
shareholders, meaning shareholders are responsible for the taxes. This allows the S corporation to avoid corporate tax, as the profits are being taxed at a personal level when the shareholders report it on their income tax returns.
But, there's a catch: any shareholders of an S corp can't be
corporations, nor can they be partners with the company. This means shareholders are generally part of a trust or estate. This limits who can be a shareholder, but again, allows you to take advantage of lower corporate taxes in many cases. You’re also limited to no more than 100 shareholders, which can limit future growth.
S corporations can be general partnerships, LLCs, or
corporations, making them rather flexible.
2) C Corporation: C Corporation is a corporation in which
the owner and the shareholders taxed separately. Corporate tax and tax on personal income of shareholders. It must hold annual general meeting and have a Board of Directors. It required to hold at least one meeting in a year. Minutes of meeting must be maintained to display transparency. C Corporation must have file financial statements.
3) Sole proprietorship: The corporation which runs under
the exclusive ownership and control of an individual, is called the sole proprietorship. Under this form of corporation, an individual may run corporation with himself or may employ a few employees for helping him.
Character: 1) Total investment
2)Bear total responsibility.
3)Liability is unlimited
4)No need of appointment of director.
5)No need of notice.
6)Limited capital.
4) General corporation : In general corporation there is a
scope of unlimited number of shareholders and due to separate legal entity, shareholders are protected from creditors. The shareholders are only liable to an amount of investment in the corporation.
Advantages:1) Owners personal assets are protected.
2) Corporations have unlimited life extending beyond the
illness or death of a owner.
3) Transfer of ownership by sale of stock so, it can be said
that change of ownership is possible without any affect.
In such corporation it is easy to raise capital.
De-merit:1) More legal formality.
2) More State and Central rules.
5) Close corporation: Close corporation are limited to 30
to 50 shareholders. 6) Statutory Corporation: Astatutory corporation is one which is incorporated by a special Act of the Parliament or State Legislature. Such corporations are generally created for public utility services. LIC, FCI, GIC.