(; abbreviated AG, ) is a German word for a
corporation
A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and r ...
limited by
share ownership (i.e. one which is owned by its
shareholder
A shareholder (in the United States often referred to as stockholder) of a corporation is an individual or legal entity (such as another corporation, a body politic, a trust or partnership) that is registered by the corporation as the legal own ...
s) whose shares may be traded on a
stock market
A stock market, equity market, or share market is the aggregation of buyers and sellers of stocks (also called shares), which represent ownership claims on businesses; these may include ''securities'' listed on a public stock exchange, as ...
. The term is used in Germany, Austria, Switzerland (where it is equivalent to a ''
société anonyme
The abbreviation S.A. or SA designates a type of limited company in certain countries, most of which have a Romance language as their official language and employ civil law. Originally, shareholders could be literally anonymous and collect div ...
'' or a ''
società per azioni
''Società'' (Italian: ''Society'') was an Italian communist cultural magazine published in Italy between 1945 and 1961.
History and profile
''Società'' was founded as a quarterly magazine in Florence in 1945. The founders were Ranuccio Bianchi ...
''), and
South Tyrol
it, Provincia Autonoma di Bolzano – Alto Adige lld, Provinzia Autonoma de Balsan/Bulsan – Südtirol
, settlement_type = Autonomous province
, image_skyline =
, image_alt ...
for companies incorporated there. It is also used in Luxembourg (as lb, Aktiëgesellschaft, label=none, ), although the equivalent French language term ''
société anonyme
The abbreviation S.A. or SA designates a type of limited company in certain countries, most of which have a Romance language as their official language and employ civil law. Originally, shareholders could be literally anonymous and collect div ...
'' is more common. In the United Kingdom, the equivalent term is
"PLC" and in the United States while the terms
"incorporated" or "corporation" are typically used, technically the more precise equivalent term is "
joint-stock company
A joint-stock company is a business entity in which shares of the company's capital stock, stock can be bought and sold by shareholders. Each shareholder owns company stock in proportion, evidenced by their share (finance), shares (certificates ...
" (though note for the British term only a minority of public limited companies have their shares listed on stock exchanges).
Meaning of the word
The German word ''Aktiengesellschaft'' is a compound noun made up of two elements: ''Aktien'' meaning an acting part or
share, and ''Gesellschaft'', meaning company or society. English translations include ''share company'', or ''company limited by shares'', or
joint-stock company
A joint-stock company is a business entity in which shares of the company's capital stock, stock can be bought and sold by shareholders. Each shareholder owns company stock in proportion, evidenced by their share (finance), shares (certificates ...
. In German, the use of the term ''Aktien'' for shares is restricted to ''Aktiengesellschaften''. Shares in other types of German companies (e.g.
GmbH or a
cooperative
A cooperative (also known as co-operative, co-op, or coop) is "an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned and democratically-control ...
) are called ''Anteile'' (parts-of) rather than ''Aktien''.
Legal basis
In Germany and Austria, the legal basis of the AG is the German ''Aktiengesetz'' (abbr. AktG; "shares law") or the Austrian ''Aktiengesetz'' (abbr. AktG). Since the German commercial law (§ 19 ''Handelsgesetzbuch'') requires all corporations to specify their legal form in their name, in order to inform the public of the limits on their
liability, all German (required by § 4 ''Aktiengesetz'') and Austrian stock corporations include ''Aktiengesellschaft'' or ''AG'' as part of their name, frequently as a suffix.
In Switzerland, the Company Limited by Shares (''Aktiengesellschaft'' in
German
German(s) may refer to:
* Germany (of or related to)
**Germania (historical use)
* Germans, citizens of Germany, people of German ancestry, or native speakers of the German language
** For citizens of Germany, see also German nationality law
**Ger ...
, ''société anonyme'' in
French
French (french: français(e), link=no) may refer to:
* Something of, from, or related to France
** French language, which originated in France, and its various dialects and accents
** French people, a nation and ethnic group identified with Franc ...
, ''società anonima'' in
Italian, ''societad anonima'' in
Romansh) is defined in Title Twenty-Six of the
Code of Obligations
The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. It is the body of rules that organizes and regulates the rights and duties arising between individuals. The specific rights a ...
, Article 620. Article 950 specifies that the business name must indicate the legal form.
Structure
German AGs have a "two-tiered board" structure, consisting of a supervisory board (''Aufsichtsrat'') and a management board (''Vorstand''). The supervisory board is generally controlled by shareholders, although employees may have seats, depending on the size of the company. The management board directly runs the company, but its members may be removed by the supervisory board, which also determines the management board's compensation. Some German AGs have management boards which determine their own remuneration, but that situation is now relatively uncommon.
The general meeting is the supreme governing body of a Swiss company limited by shares. It elects the board of directors (''Verwaltungsrat'' in
German
German(s) may refer to:
* Germany (of or related to)
**Germania (historical use)
* Germans, citizens of Germany, people of German ancestry, or native speakers of the German language
** For citizens of Germany, see also German nationality law
**Ger ...
) and the external auditors. The board of directors may appoint and dismiss persons entrusted with managing and representing the company.
Similar forms
The equivalent terms in other countries include the following, which mostly mean literally either "share company/society" or "anonymous company/society".
* Argentina, Bolivia, Costa Rica, Peru, Spain, and other Spanish speaking countries – ''
Sociedad Anónima
The abbreviation S.A. or SA designates a type of limited company in certain countries, most of which have a Romance languages, Romance language as their official language and employ civil law (legal system), civil law. Originally, shareholders ...
'' (S.A.)
* Belgium (Dutch language), Netherlands – ''
Naamloze Vennootschap'' (N.V.)
* Belgium (French language), France – ''
Société Anonyme
The abbreviation S.A. or SA designates a type of limited company in certain countries, most of which have a Romance language as their official language and employ civil law. Originally, shareholders could be literally anonymous and collect div ...
'' (S.A.)
* Brazil – ''
Sociedade Anônima'' (S.A. or S/A or SA)
* Bulgaria – ''
Акционерно дружество'' (Akcionerno druzhestvo), derived directly from the German AG
* Croatia - ''
dioničko društvo'' (d.d.)
* Czech Republic - ''
Akciová společnost
A joint-stock company is a business entity in which shares of the company's capital stock, stock can be bought and sold by shareholders. Each shareholder owns company stock in proportion, evidenced by their share (finance), shares (certificates ...
- (a.s.)
* Denmark – ''
Aktieselskab
''Aktieselskab'' (; Abbreviation, abbr.: A/S, or a/s, Unicode ; literally meaning: "stock company") is the Denmark, Danish name for a stock-based corporation. An ''aktieselskab'' may be either publicly traded or private.
Liability
The sharehold ...
'' (A/S)
* Estonia – ''
Aktsiaselts'' (AS)
* Finland – ''
Osakeyhtiö
''Osakeyhtiö'' (; " stock company"), often abbreviated to Oy (), is the term for a Finnish limited company (e.g., Ltd, LLC, or GmbH). The Swedish-language term is '' aktiebolag'', often abbreviated (in Finland) to Ab. The Swedish abbreviati ...
'' (Oy)
* Greece - ''Ανώνυμος Εταιρεία'' (Anonymos Etaireia) (A.E., but often translated as S.A.)
* Hungary – ''
Részvénytársaság'' (Rt)
* Japan – ''
Kabushiki gaisha
A or ''kabushiki kaisha'', commonly abbreviated K.K. or KK, is a type of defined under the Companies Act of Japan. The term is often translated as "stock company", " joint-stock company" or "stock corporation". The term ''kabushiki gaisha'' i ...
'' (K.K.), originally derived directly from the German AG (the term is based on the German) until
law reforms under the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
–led
Occupation of Japan
Japan was occupied and administered by the victorious Allies of World War II from the 1945 surrender of the Empire of Japan at the end of the war until the
Treaty of San Francisco took effect in 1952. The occupation, led by the United States wi ...
made the form similar to
Illinois corporate law
* Italy – ''
Società per azioni
''Società'' (Italian: ''Society'') was an Italian communist cultural magazine published in Italy between 1945 and 1961.
History and profile
''Società'' was founded as a quarterly magazine in Florence in 1945. The founders were Ranuccio Bianchi ...
'' (SpA), derived directly from the German AG
* Malaysia – ''
Berhad
A public limited company (legally abbreviated to PLC or plc) is a type of public company under United Kingdom company law, some Commonwealth jurisdictions, and the Republic of Ireland. It is a limited liability company whose shares may be freel ...
'' (Bhd)
* Norway – ''
Aksjeselskap'' (AS)
* Romania – ''
Societate pe acțiuni'' or "Societate anonimă" (S.A.)
* Russia – ''
Публичное акционерное общество'' (Publichnoe akcionernoe obschestvo) (ПАО)
* Serbia - ''
deoničarsko društvo'' (d.d.) and ''
akcionarsko društvo'' (a.d.)
* Slovakia -
Akciová spoločnosť (a.s.)
* Sweden – ''
Aktiebolag
''Aktiebolag'' (, " stock company") is the Swedish term for "limited company" or "corporation". When used in company names, it is abbreviated AB (in Sweden), Ab (in Finland), or, rarely, A/B (dated), roughly equivalent to the abbreviations ''Ltd ...
'' (AB)
* Turkey – ''
Anonim Şirket
The abbreviation S.A. or SA designates a type of limited company in certain countries, most of which have a Romance languages, Romance language as their official language and employ civil law (legal system), civil law. Originally, shareholders ...
'' (A.Ş.)
* Poland – ''
Spółka akcyjna
The abbreviation S.A. or SA designates a type of limited company in certain countries, most of which have a Romance language as their official language and employ civil law. Originally, shareholders could be literally anonymous and collect div ...
'' (S.A.)
* Portugal – ''
Sociedade Anónima'' (S.A.)
* United Kingdom and Ireland (English) – ''
Public limited company
A public limited company (legally abbreviated to PLC or plc) is a type of public company under United Kingdom company law, some Commonwealth of Nations, Commonwealth jurisdictions, and the Republic of Ireland. It is a limited liability company ...
'' (Plc)
* United Kingdom (Welsh) - ''cymdeithas cyhoeddus cyfyngedig'' (ccc)
See also
*
Gesellschaft mit beschränkter Haftung
A ''Gesellschaft mit beschränkter Haftung'' (, abbreviated GmbH and also GesmbH in Austria; ) is a type of legal entity common in Germany, Austria, Switzerland (where it is equivalent to a ''société à responsabilité limitée''), and Liecht ...
(GmbH)
Explanatory notes
References
Further reading
*
* {{cite journal , last=Franks, first=Julian, author2=Colin Mayer, title=Ownership and Control of German Corporations, journal=The Review of Financial Studies, year=2001, volume=14, issue=4, pages=943–977, jstor=2696732, publisher=Oxford University Press, doi=10.1093/rfs/14.4.943, author2-link=Colin Mayer
* McGaughey, E. (2016)
"The Codetermination Bargains: The History of German Corporate and Labour Law" ''Columbia Journal of European Law'' 23(1) 135.
German Stock Corporations Act 1965translation
Law of Austria
German business law
Law of Switzerland
Types of business entity
ja:株式会社 (ドイツ)