Summary of Types of Companies and Businesses

Summary of Types of Companies and Businesses

1.0 Types of BO
1.1 Sole Trader
1.2 Partnerships
1.3 Companies

2.0 Registration
2.1 Incorporated and Unincorporated
2.2 Incorporation : s16(2) CA1965 – SLP/SLE
 Salomon v Salomon (1897)

3.0 Advantages of SLP
3.1 Ltd liability
3.2 Perpetual succession
3.3 Share transferability

4.0 Types of company
4.1 Private ltd cos
4.2 Public ltd cos
4.3 Cos ltd by shares
4.4 Cos ltd by guarantee

5.0 Private Cos
5.1 s4 CA (1965)
5.2 s15

6.0 Public Companies
6.1 s4 CA (1965)
6.2 No limit on members
6.3 No limit on share-transfer
6.4 May invite the public to buy shares

7.0 Companies Ltd by Shares
7.1 s4 CA (1965)
7.2 Ltd liability of members

8.0 Companies Ltd by Guarantee
8.1 S4 CA (1965)
8.2 Ltd liability – ltd to co assets
8.3 Non-trading organization : S14A

9.0 Subsidiary Companies
9.1 s5 CA (1965)
9.2 Member of holding co
9.3 Holding co controls BOD; voting power[> ½ ]; > ½ issued share capital
9.4 s5A : Holding co is not a subsidiary of anor co
9.5 s5B : Wholly owned subsidiary is wholly owned by holding co

10.0 Related Companies
10.1 S6 CA (1965)
10.2 Co found in holding-susidiary relationship
10.3 Subsidiary of holding co
10.4 s6B CA (1965)

11.0 Exempt Private Companies
11.1 s4 CA (1965)
11.2 No beneficial interest held directly or indirectly by any corporation
11.3 Not more than 20 members, none of whom is a corporation
11.4 Advantages
11.41 No need to file balance sheet and P&L a/c with ROC : 8TH Sch CA (1965)
11.42 May give loans to directors ct s133 CA (1965)
11.43 May lend to persons other than directors : s133A

12.0 Foreign Companies
12.1 s4(1) CA (1965)
12.2 Incorporated outside Malaysia
12.3 May sue or be sued, hold property
12.4 Non-registration of a co is an offence but does not render its contracts illegal : Curragh Investments Ltd v Cook

13.0 Differences between PLC and EPC
13.1 50 [PLC] ct 20
13.2 Interests held by corporations [PLC]
13.3 Difference with accounts –...

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