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Classification of Company
3. Unlimited Companies
There is no limit on the liability of the shareholders. In case of liquidation, they might have to pay even from
their personal assets to cover the liabilities of the company. This type of company is quite uncommon today due
to obvious reasons.
There are a lot of options to choose from when you plan to register your startup. Make sure you research the pros
and cons of each and register your firm accordingly.
Now that you know about different types of companies, let’s move on to the guide on how to register your
company.
Companies on the basis of Control or Holding
In terms of control, there are two types of companies.
a) Holding and Subsidiary Companies
In some cases, a company’s shares might be held fully or partly by another company.
Here, the company owning these shares becomes the holding or parent company.
Likewise, the company whose shares the parent company owns becomes its subsidiary
company.
Holding companies exercise control over their subsidiaries by dictating the composition
of their board of directors. Furthermore, parent companies also exercise control by
owning more than 50% of their subsidiary companies’ shares.
b) Associate Companies
Associate companies are those in which other companies have significant influence.
This “significant influence” amounts to ownership of at least 20% shares of the associate
company.
The other company’s control can exist in terms of the associate company’s business
decisions under an agreement. Associate companies can also exist under joint venture
agreements.
Companies in terms of Access to Capital
When we consider the access a company has to capital, companies may be
either listed or unlisted.
1. Listed Company: Listed companies have their securities
listed on stock exchanges. This means people can freely buy
their securities. Hence, only public companies can be
listed, and not private companies.
2. Unlisted Company: Unlisted companies, on the other
hand, do not list their securities on stock exchanges. Both,
public, as well as private companies, can come under this
category.
Other Types of Company
a) Government Companies
Basically, Government companies are those in which more than 50% of share capital is
held by either the central government, or by one or more state government, or jointly by
the central government and one or more state government. In Nepal, Companies Act, 2063
has not mentioned about the government companies.
b) Foreign Companies
Foreign companies are incorporated outside India. They also conduct business in India
using a place of business either by themselves or with some other company.
c) Charitable Companies
Certain companies have charitable purposes as their objectives.
Charitable companies have the promotion of arts, science, culture, religion, education,
sports, trade, commerce, etc. as their objectives. Since they do not earn profits, they also do
not pay any dividend to their members.
d) Dormant Companies
These companies are generally formed for future projects. They do not have significant
accounting transactions and do not have to carry out all compliances of regular companies.
Offshore Company
First of all, we will define the term Offshore. Offshore means located or situated
beyond one’s national boundaries.
The term Offshore Company has two definitions depending on its perspective.
From the standpoint of the principals of the company, it is a company that one has
filed outside of the country where its principals reside. The principals include the
officers, directors, shareholders, members, partners.
From within its country of formation, it is a company that has been formed for the
purpose of operating outside of the jurisdiction where it was originally filed.
The term "offshore company" or "offshore corporation" is used in at least two
distinct and different ways. An offshore company may be a reference to:
a) a company, group or sometimes a division thereof, which engages in off
shoring business processes.
b) International business companies (IBC) or other types of legal entities, which are
incorporated under the laws of a jurisdiction, that prohibits local economic activities.
Offshore Company
Although all offshore companies differ to a degree
depending upon the corporate law in the relevant
jurisdiction, all offshore companies tend to enjoy
certain core characteristics:
1. They are broadly not subject to taxation in their
home jurisdiction.
2. The corporate regime will be designed to promote
business flexibility.
3. Regulation of corporate activities will normally be
lighter than in a developed country
Big Organizations use Offshore Companies
Big Organizations use Offshore Companies
One tax-savings example is Apple, Inc., the technology company headquartered in Cupertino, California
in the United States of America.
Apple established offshore companies in Ireland. Neither the Irish holding company nor the Irish
corporation that is the principal company, as of this writing, have paid any income taxes in Ireland for the
past several years. Suppose one company were to associate with another company doing business in
Ireland.
This country allows some Irish companies to claim non-residence status. Therefore, this allows Apple’s
main company to not pay taxes anywhere at all.
In general, there is a national strength of large companies as the main body, in the
way of foreign direct investment or acquire local enterprises,
established subsidiaries or branches in many countries.
It usually has a complete decision-making system and the highest decision-
making centre, each subsidiary or branch has its own decision-making body,
according to their different features and operations to make decisions, but its
decision must be subordinated to the highest decision-making centre.
MNCs seek markets in worldwide and rational production layout, professional
fixed-point production, fixed-point sales products, in order to achieve maximum
profit; Due to strong economic and technical strength, with fast information
transmission, as well as funding for rapid cross-border transfers, the
multinational has stronger competitiveness in the world.
Many large multinational companies have varying degrees of monopoly in some
area, due to economic and technical strength or production advantages.
Types of Multinationals
There are four categories of multinationals that exist. They include:
1. A decentralized corporation with a strong presence in its home country.
2.A global, centralized corporation that acquires cost advantage where cheap resources are
available.
3.A global company that builds on the parent corporation’s R&D.
4.A transnational enterprise that uses all three categories.
There are subtle differences between the different kinds of multinational corporations. For
instance, a transnational—which is one type of multinational—may have its home in at least two
nations and spread out its operations in many countries for a high level of local response. Nestlé
S.A. is an example of a transnational corporation that executes business and operational
decisions in and outside of its headquarters.
Meanwhile, a multinational enterprise controls and manages plants in at least two countries. This
type of multinational will take part in foreign investment, as the company invests directly in host
country plants in order to stake an ownership claim, thereby avoiding transaction costs. Apple
Inc. is a great example of a multinational enterprise, as it tries to maximize cost
advantages through foreign investments in international plants and Toyota is one of the
world's largest multinational corporations with its headquarters in Toyota City, Japan.
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