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A company, abbreviated as co., is a
legal entity In law, a legal person is any person or 'thing' (less ambiguously, any 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 ...
representing an association of people, whether
natural Nature, in the broadest sense, is the physical world or universe. "Nature" can refer to the phenomena of the physical world, and also to life in general. The study of nature is a large, if not the only, part of science. Although humans are p ...
,
legal Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
or a mixture of both, with a specific objective. Company members share a common purpose and unite to achieve specific, declared goals. 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 volunteering, volunteers, to form a body (or organ ...
s, which may include
nonprofit organization A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...
s *
business entities In law, a legal person is any person or 'thing' (less ambiguously, any 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 ...
, whose aim is generating profit * financial entities and
bank A bank is a financial institution that accepts 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 markets. Because ...
s * programs or
educational institutions 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 an ...
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 liability is limited to a fixed sum, most commonly the value of a person's investment in a corporation, company or partnership. If a company that provides limited liability to it ...
as members perform or fail to discharge their duty according to the publicly declared incorporation, or 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 in Canada, United Kingdom, United States, Ireland, Australia, New Zealand, Italy, and many other countries. The assets and property of the company are redistrib ...
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 or 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 groups are often managed by an account manager. The concep ...
s.


Meanings and definitions

A company can be defined as an "artificial person", invisible, intangible, created by or under law, with a discrete
legal personality 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 altogether the personhood itself in regard to an entity other than a natural person ( ...
,
perpetual succession In company law, perpetual succession is the continuation of a corporation's or other organization's existence despite the death, bankruptcy, insanity, change in membership or an exit from the business of any owner or member, or any transfer of st ...
, and a
common seal The harbor (or harbour) seal (''Phoca vitulina''), also known as the common seal, is a true seal found along temperate and Arctic marine coastlines of the Northern Hemisphere. The most widely distributed species of pinnipeds, pinniped (walruses ...
. 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 (, , ; Modern French: ) was the language spoken in most of the northern half of France from approximately the 8th to the 14th centuries. Rather than a unified language, Old French was a linkage of Romance dialects, mutually intelligib ...
term (first recorded in 1150), meaning a "society, friendship, intimacy; body of soldiers", which came from the
Late Latin Late Latin ( la, Latinitas serior) is the scholarly name for the form of Literary Latin of late antiquity.Roberts (1996), p. 537. English dictionary definitions of Late Latin date this period from the , and continuing into the 7th century in t ...
word ("one who eats bread with you"), first attested in the
Salic law The Salic law ( or ; la, Lex salica), also called the was the ancient Frankish civil law code compiled around AD 500 by the first Frankish King, Clovis. The written text is in Latin and contains some of the earliest known instances of Old Du ...
( 500 AD) as a
calque In linguistics, a calque () or loan translation is a word or phrase borrowed from another language by literal word-for-word or root-for-root translation. When used as a verb, "to calque" means to borrow a word or phrase from another language wh ...
of the Germanic expression (literally, "with bread"), related to
Old High German Old High German (OHG; german: Althochdeutsch (Ahd.)) is the earliest stage of the German language, conventionally covering the period from around 750 to 1050. There is no standardised or supra-regional form of German at this period, and Old High ...
("companion") and to
Gothic Gothic or Gothics may refer to: People and languages *Goths or Gothic people, the ethnonym of a group of East Germanic tribes **Gothic language, an extinct East Germanic language spoken by the Goths **Crimean Gothic, the Gothic language spoken b ...
("messmate").


Semantics and usage

By 1303, the word referred to trade guilds. 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

In
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
, companies are often government run or government supported. Other companies may be foreign companies or export-based corporations. However, many of these companies are government regulated.


United Kingdom

In English law and in legal jurisdictions based upon it, a company is a body corporate or corporation company registered under the United Kingdom company law, Companies Acts or under similar legislation. Common forms include: * Private company limited by guarantee, Private companies limited by guarantee * Community interest company * Charitable incorporated organisation * Private company limited by shares, Private companies limited by shares - the most common form of company * Public limited company, Public limited companies - companies, usually large, which are permitted to (but do not have to) offer their shares to the public, for example on a stock exchange In the United Kingdom, a partnership is not legally a company, but may sometimes be referred to (informally) as a "company". It may be referred to as a Business, "firm".


United States

In the United States, a company is not necessarily a corporation. For example, a company may be a "corporation, partnership, association, joint-stock company, Investment trust, trust, Mutual fund, fund, or organized group of persons, whether incorporated or not, and (in an official capacity) any receiver, trustee in bankruptcy, or similar official, or liquidating Law of agency, agent, for any of the foregoing".Black's Law and lee Dictionary. Second Pocket Edition. Bryan A. Garner, editor. West. 2001.


Types

* A Private company limited by guarantee, company limited by guarantee (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 liquidation, insolvent liquidation, but otherwise, they have no economic rights in relation to the company. This type of company is common in England. A company limited by guarantee may be with or without having share capital. * A Private company limited by shares, company limited by shares: 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 world, English-speaking countries. A company limited by shares may be a public company, publicly traded company or a privately held company. * 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 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". 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 must be "dissolved upon the death or bankruptcy of a member". * An unlimited company 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 corporation sole, corporations sole and not companies as the term is commonly understood today. * Royal charter, Charter corporations: 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 (of which there are still many, particularly many British banks), or modern societies that fulfill a quasi-regulatory function (for example, the Bank of England 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) indicates that its shares are widely held. In the legal context, the owners of a company are normally referred to as the "members". In a company limited or unlimited by shares (formed or incorporated with a share capital), this will be the shareholders. In a Private company limited by guarantee, company limited by guarantee, this will be the guarantors. Some Offshore financial center, offshore jurisdictions have created special forms of offshore company in a bid to attract business for their jurisdictions. Examples include segregated portfolio company, segregated portfolio companies and restricted purpose companies. However, there are many sub-categories of company types that can be formed in various jurisdictions in the world. Companies are also sometimes distinguished for legal and regulatory purposes between public limited company, public companies and privately held company, private companies. Public companies are companies whose shares can be publicly traded, often (although not always) on a stock exchange which imposes Listing (finance), listing requirements/Listing Rules as to the issued shares, the trading of shares and future issue of shares to help bolster the reputation of the exchange or particular market of an exchange. Private companies do not have publicly traded shares, and often contain restrictions on transfers of shares. In some jurisdictions, private companies have maximum numbers of shareholders. A parent company is a company that owns enough voting stock in another firm to control management and operations by influencing or electing its board of directors; the second company being deemed a subsidiary of the parent company. The definition of a parent company differs by jurisdiction, with the definition normally being defined by way of laws dealing with companies in that jurisdiction.


See also

* Corporate personhood * List of company registers * List of largest employers * Lists of companies * Stewardship * Types of business entity


References


Further reading

* Alan Dignam and John Lowry. ''Company Law''. Oxford: Oxford University Press, 2020. . * John Micklethwait and Adrian Wooldridge, ''The Company: A Short History of a Revolutionary Idea''. New York: Modern Library, 2003. *


External links

* * Gov.UK {{Authority control Legal entities Companies, Corporations