A company, abbreviated as co., is a
legal entity
In law, a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts, lawsuit, sue and be sued, ownership, own property, and so on. The reason for the term "''le ...
representing an association of legal people, whether
natural
Nature is an inherent character or constitution, particularly of the ecosphere or the universe as a whole. In this general sense nature refers to the laws, elements and phenomena of the physical world, including life. Although humans are part ...
,
juridical or a mixture of both, with a specific objective. Company members share a common purpose and unite to achieve specific, declared goals.
Over time, companies have evolved to have the following features: "separate legal personality, limited liability, transferable shares, investor ownership, and a managerial hierarchy".
The company, as an entity, was created by the
state
State most commonly refers to:
* State (polity), a centralized political organization that regulates law and society within a territory
**Sovereign state, a sovereign polity in international law, commonly referred to as a country
**Nation state, a ...
which granted the privilege of incorporation.
Companies take various forms, such as:
*
voluntary association
A voluntary group or union (also sometimes called a voluntary organization, common-interest association, association, or society) is a group of individuals who enter into an agreement, usually as volunteers, to form a body (or organization) to a ...
s, which may include
nonprofit organization
A nonprofit organization (NPO), also known as a nonbusiness entity, nonprofit institution, not-for-profit organization, or simply a nonprofit, is a non-governmental (private) legal entity organized and operated for a collective, public, or so ...
s
*
business entities
In law, a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for the term "''legal'' person" is t ...
, whose aim is to generate
sales
Sales are activities related to selling or the number of goods sold in a given targeted time period. The delivery of a service for a cost is also considered a sale. A period during which goods are sold for a reduced price may also be referred ...
,
revenue
In accounting, revenue is the total amount of income generated by the sale of product (business), goods and services related to the primary operations of a business.
Commercial revenue may also be referred to as sales or as turnover. Some compan ...
, and
profit
Profit may refer to:
Business and law
* Profit (accounting), the difference between the purchase price and the costs of bringing to market
* Profit (economics), normal profit and economic profit
* Profit (real property), a nonpossessory inter ...
* financial entities and
bank
A bank is a financial institution that accepts Deposit account, deposits from the public and creates a demand deposit while simultaneously making loans. Lending activities can be directly performed by the bank or indirectly through capital m ...
s
* programs or
educational institution
An educational institution is a place where people of different ages gain an education, including preschools, childcare, primary-elementary schools, secondary-high schools, and universities. They provide a large variety of learning environments a ...
s
A company can be created as a legal person so that the company itself has
limited liability
Limited liability is a legal status in which a person's financial Legal liability, liability is limited to a fixed sum, most commonly the value of a person's investment in a corporation, company, or joint venture. If a company that provides limi ...
as members perform or fail to discharge their duties according to the publicly declared
incorporation published policy. When a company closes, it may need to be
liquidated
Liquidation is the process in accounting by which a company is brought to an end. The assets and property of the business are redistributed. When a firm has been liquidated, it is sometimes referred to as wound-up or dissolved, although di ...
to avoid further legal obligations. Companies may associate and collectively register themselves as new companies; the resulting entities are often known as
corporate group
A corporate group, company group or business group, also formally known as a group of companies, is a collection of parent and subsidiary corporations that function as a single economic entity through a common source of control. These types of gr ...
s, collections of parent and subsidiary
corporation
A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...
s.
Meanings and definitions
A company can be defined as an "artificial person", invisible, intangible, created by or under law, with a discrete
legal capacity
Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or the personhood itself in regard to an entity other than a natural person (in this sen ...
(or "personality"),
perpetual succession, and a
common seal. Except for some senior positions, companies remain unaffected by the death, insanity, or
insolvency
In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet i ...
of an individual member.
Etymology
The English word, "''company''", has its origins in the
Old French
Old French (, , ; ) was the language spoken in most of the northern half of France approximately between the late 8th [2-4; we might wonder whether there's a point at which it's appropriate to talk of the beginnings of French, that is, when it wa ...
term (first recorded in 1150), meaning "society, friendship, intimacy; body of soldiers", which came from the Late Latin word ("one who eats bread with you"), first attested in the Salic law ( AD 500) as a calque of the Germanic languages, Germanic expression (literally, "with bread"), related to Old High German ("companion") and to
Gothic language, Gothic ("messmate").
Semantics and usage
By 1303, the word company referred to
trade guilds. The usage of the term ''company'' to mean "business association" was first recorded in 1553,
and the abbreviation "co." dates from 1769.
Companies around the world
China
According to the
Company Law of the People's Republic of China
The Company Law of the People's Republic of China is a law which was passed by the National People's Congress of the PRC on 29 December 1993 and came into force on 1 July 1994. It has been amended several times since then. The most current version ...
, companies include limited liability companies and joint-stock limited companies which were founded in
mainland China.
United Kingdom
In
English law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
and in legal jurisdictions based upon it, a company is a body corporate or corporation company registered under the
Companies Acts or under similar legislation.
Common forms include:
*
Private companies limited by guarantee
*
Community interest company
A community interest company (CIC, pronounced "see-eye-see", or colloquially, "kick") is a form of social enterprise in the United Kingdom intended "for people wishing to establish businesses which trade with a social purpose..., or to carry on ...
*
Charitable incorporated organisation
A charitable incorporated organisation (CIO) is a Incorporation (business), corporate form of business designed for (and only available to) Charitable organization, charitable organisations in England and Wales. A similar form, with minor differe ...
*
Private companies limited by shares - the most common form of company
*
Public limited companies
In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlichke ...
- companies, usually large, which are permitted to (but do not have to) offer their shares to the public, for example on a
stock exchange
A stock exchange, securities exchange, or bourse is an exchange where stockbrokers and traders can buy and sell securities, such as shares of stock, bonds and other financial instruments. Stock exchanges may also provide facilities for ...
In the United Kingdom, a
partnership
A partnership is an agreement where parties agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments or combinations. Organizations ...
is not legally a company, but may sometimes be referred to (informally) as a "company". It may be referred to as a
"firm".
United States
In the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, a company is not necessarily a corporation. For example, a company may be a "
corporation
A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...
,
partnership
A partnership is an agreement where parties agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments or combinations. Organizations ...
, association,
joint-stock company
A joint-stock company (JSC) is a business entity in which shares of the company's stock can be bought and sold by shareholders. Each shareholder owns company stock in proportion, evidenced by their shares (certificates of ownership). Shareho ...
,
trust,
fund, or organized group of
person
A person (: people or persons, depending on context) is a being who has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations suc ...
s, whether incorporated or not, and (in an official capacity) any receiver, trustee in bankruptcy, or similar official, or liquidating
agent
Agent may refer to:
Espionage, investigation, and law
*, spies or intelligence officers
* Law of agency, laws involving a person authorized to act on behalf of another
** Agent of record, a person with a contractual agreement with an insuran ...
, for any of the foregoing".
Black's Law Dictionary
''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary.
History
The first edition was published in 1891 by Wes ...
. Second Pocket Edition. Bryan A. Garner, editor. West. 2001.
Types
* A
company limited by guarantee
A company limited by guarantee (CLG) is a type of company where the liability of members in the event the company is wound up is limited to a (typically very small) amount listed in the company's articles or constitution. Most have no share ca ...
(CLG): Commonly used where companies are formed for non-commercial purposes, such as clubs or charities. The members guarantee the payment of certain (usually nominal) amounts if the company goes into
insolvent liquidation, but otherwise, they have no economic rights in relation to the company. This type of company is common in
England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
. A company limited by guarantee may be with or without having
share capital
A corporation's share capital, commonly referred to as capital stock in the United States, is the portion of a corporation's equity that has been derived by the issue of shares in the corporation to a shareholder, usually for cash. ''Share ...
.
* A
company limited by shares
A private company limited by shares is a class of private limited company incorporated under the laws of England and Wales, Hong Kong, Northern Ireland, Scotland, certain Commonwealth jurisdictions, and the Republic of Ireland. It has shareho ...
: The most common form of the company used for business ventures. Specifically, a limited company is a "company in which the liability of each shareholder is limited to the amount individually invested" with corporations being "the most common example of a limited company".
This type of company is common in England and many
English-speaking countries
The English-speaking world comprises the 88 countries and territories in which English is an official, administrative, or cultural language. In the early 2000s, between one and two billion people spoke English, making it the largest language ...
. A company limited by shares may be a
publicly traded company
A public company is a company whose ownership is organized via shares of stock which are intended to be freely traded on a stock exchange or in over-the-counter markets. A public (publicly traded) company can be listed on a stock exchange ( ...
or a
privately held company
A privately held company (or simply a private company) is a company whose Stock, shares and related rights or obligations are not offered for public subscription or publicly negotiated in their respective listed markets. Instead, the Private equi ...
.
* A company limited by guarantee with a share capital: A hybrid entity, usually used where the company is formed for non-commercial purposes, but the activities of the company are partly funded by investors who expect a return. This type of company may no longer be formed in the UK, although provisions still exist in law for them to exist.
* A
limited liability company
A limited liability company (LLC) is the United States-specific form of a private limited company. It is a business structure that can combine the pass-through taxation of a partnership or sole proprietorship with the limited liability of ...
: "A company—statutorily authorized in certain states—that is characterized by limited liability, management by members or managers, and limitations on ownership transfer", i.e., L.L.C.
LLC structure has been called "hybrid" in that it "combines the characteristics of a corporation and of a partnership or
sole proprietorship
A sole proprietorship, also known as a sole tradership, individual entrepreneurship or proprietorship, is a type of enterprise owned and run by only one person and in which there is no legal distinction between the owner and the business entity. ...
". Like a corporation, it has limited liability for members of the company, and like a partnership it has "flow-through taxation to the members" and depending on local laws may have to be "dissolved upon the death or bankruptcy of a member".
* An
unlimited company
An unlimited company or private unlimited company is a hybrid company (corporation) incorporated with or without a share capital (and similar to its limited company counterpart) but where the legal liability of the members or shareholders is not ...
with or without a share capital: A hybrid entity, a company where the liability of members or shareholders for the debts (if any) of the company are not limited. In this case, the doctrine of a veil of incorporation does not apply.
Less common types of companies are:
* Companies formed by letters patent: Most corporations by letters patent are
corporations sole and not companies as the term is commonly understood today.
*
Royal charter corporations: In middle-ages Europe, before the passing of modern companies legislation, these were the only types of companies. Now they are relatively rare, except for very old companies that still survive (particularly many British banks), or modern societies that fulfill a quasi-regulatory function (for example, the
Bank of England
The Bank of England is the central bank of the United Kingdom and the model on which most modern central banks have been based. Established in 1694 to act as the Kingdom of England, English Government's banker and debt manager, and still one ...
is a corporation formed by a modern charter).
* Statutory companies: Relatively rare today, certain companies have been formed by a private statute passed in the relevant jurisdiction.
When "Ltd" is placed after the company's name, it signifies a limited company, and "PLC" (
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 Republic of Ireland, Ireland. It is a limited liability co ...
) indicates that its shares are widely held.
See also
*
Corporate personhood
Corporate personhood or juridical personality is the legal notion that a juridical person such as a corporation, separately from its associated human beings (like owners, managers, or employees), has at least some of the legal rights and respon ...
*
List of company registers
This is a list of official business registers around the world.
There are many types of official business registers, usually maintained for various purposes by a state authority, such as a government agency, or a court of law. In some cases, ...
*
List of largest employers Largest employers
Below is the list of largest employers including government owned companies and institutions in 2022.
Fortune Global 500
Following is the list of Fortune 500 companies providing the most jobs worldwide, according to a list ...
*
Lists of companies
This is an index of company-related list articles on Wikipedia.
Company lists
* List of bakeries
* List of BSE SENSEX companies
* List of cleaning companies
* List of commodity traders
* List of companies involved in the Holocaust
* List ...
*
Types of business entity
A business entity is an entity that is formed and administered as per corporate law in order to engage in business activities, charitable work, or other activities allowable. Most often, business entities are formed to sell a product or a serv ...
References
Further reading
* Alan Dignam and John Lowry. ''Company Law''. Oxford:
Oxford University Press
Oxford University Press (OUP) is the publishing house of the University of Oxford. It is the largest university press in the world. Its first book was printed in Oxford in 1478, with the Press officially granted the legal right to print books ...
, 2020. .
*
John Micklethwait and
Adrian Wooldridge
Adrian Wooldridge (born 1959) is an author and columnist. He is the Global Business Columnist at Bloomberg Opinion.
Life and career
Wooldridge was educated at Balliol College, Oxford, where he studied modern history and was awarded a fellowsh ...
, ''The Company: A Short History of a Revolutionary Idea''. New York: Modern Library, 2003.
*
External links
*
*
{{Authority control
Legal entities
Corporations