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JOINT STOCK COMPANY emerged from this. It was the joint stock type of organization
which facilitated the full utilization of technical and other innovations brought in by the
industrial revolution. The joint stock organization was already known when the industrial
revolution took place, but it was considered less efficient then the partnership form of
organization. Economist like Adam Smith thought that a joint stock company was suitable
only for such occupations as could be reduced to a routine or for those fields where monopoly
existed. For ordinary business requiring initiative and prompt decisions the joint stock
company was not considered suitable. Them is giving has, however, been belied by recent
developments. In fact, it can be said that the industrial revolution could not have been
succeeded so well, had it not been for the company type of organization.
The joint stock company was the chariot on which the forces of Industrial Revolution came
riding and conquering.
A joint stock company is a company whose capital is predetermined and divided into
shares and whose liability for its debts is limited to its assets. The shareholders are
only liable to the company up to the amount of their respective capital contributions.
Case Study
Two friends plan to open a bakery in a mall and rent a small shop. After a while they
cannot get along and the conflict reflects to the business: they fail to pay the rent.
The mall (X AŞ, a joint stock company) claims the total payment from one of the
friends. Can X AŞ claim the payment only from one of the friends ? What will be the
interest rate X should ask for and why?
After such a qualification, there are some results. First of them is the presumption of
solidarity. According to TCC act. 7, when two or more people jointly contract a debt
towards another person in connection with a transaction which has a commercial
character for only one or all of them, they are considered as being jointly liable, in the
absence of any agreement to the contrary in the contract. In case of joint liability, the
creditor may demand full or partial performance of the debt either from all or only
one of the debtors, depending on his choice. Therefore, yes X AŞ can claim the
payment only from one of the friends. But do not forget, X AŞ can claim the payment
both of friends also.
The second result of being qualified as a commercial transaction is about the interest
rate. The rate of interest may be fixed freely in commercial transactions. And creditor
may demand default interest on short-term advances rate. It is because we qualified
the transaction between parties as commercial.
Introduction Functioning of joint-stock companies has difficult enough system and in
the different countries this system differs in connection with the local legislation a
little. Here functioning is described and some requirements are led to joint-stock
companies. The joint-stock company is the organization created under the agreement
by legal bodies and citizens by association of their contributions, having own legal
body. Shareholders of joint-stock company participate with the contributions in the
authorized capital stock divided into actions.
Introduction Functioning of joint-stock companies has difficult enough system and in the
different countries this system differs in connection with the local legislation a little. Here
functioning is described and some requirements are led to joint-stock companies. The joint-
stock company is the organization created under the agreement by legal bodies and citizens
by association of their contributions, having own legal body. Shareholders of joint-stock
company participate with the contributions in the authorized capital stock divided into
actions.