Skip to content

Secretarial Practice · Ch 2 — Joint Stock Company

Advantages and Limitations of a Joint Stock Company

3

Advantages and Limitations of a Joint Stock Company

3. Advantages and Limitations of a Joint Stock Company

Advantages:

  1. Large capital formation. Because a company can invite contributions from a very large number of members (a public company has no upper limit on membership), it can raise far larger amounts of capital than a sole proprietorship or a partnership realistically could.
  2. Limited liability attracts investment. Knowing that their personal assets are safe beyond the unpaid value of their shares, investors are willing to put money into ventures they would otherwise consider too risky — this is one of the single biggest reasons the company form dominates large-scale business.
  3. Perpetual succession gives stability. Because the company's existence does not depend on any one member, lenders, employees, and business partners can deal with a company with the confidence that it will continue to exist (and honour its obligations) well beyond the life or involvement of any individual founder.
  4. Transferability of shares gives liquidity. A shareholder who needs to exit their investment can, in principle, simply sell their shares (freely, for a public company) rather than having to dissolve the business itself — an option a partner in a partnership firm does not have nearly as easily.
  5. Professional and democratic management. Members elect a Board of Directors to manage the company on their behalf, which allows a company to be run by professionally qualified managers rather than requiring every capital contributor to also be actively involved in day-to-day management.
  6. Economies of large-scale operation. The large capital a company can raise allows it to operate at a scale that brings down its average cost of production, and to invest in research, technology, and diversification that a smaller organisation could not afford.
  7. Legal status of a separate person. Because the company (not its members) owns the business's assets and owes its debts, the company can hold property, enter long-term contracts, and even be a shareholder in another company, in a manner a partnership firm (which has no separate legal personality of its own) cannot.

Limitations:

  1. Complex and costly formation. Forming a company involves preparing the Memorandum and Articles of Association, filing multiple statutory documents with the Registrar of Companies, and paying registration fees and stamp duty — a far more elaborate (and costly) process than starting a sole proprietorship or even a partnership.
  2. Heavy legal and regulatory compliance. A company must comply with a continuing stream of requirements under the Companies Act — filing annual returns and financial statements, holding statutorily required meetings, maintaining prescribed registers — a compliance burden a sole trader does not face at all.
  3. Lack of secrecy. Because a company (especially a public company) must file its financial statements, its Annual Return, and various other documents with the Registrar of Companies — many of which are open to public inspection — it cannot keep its business affairs as confidential as a sole proprietor or a partnership firm can.
  4. Delay in decision-making. Because major decisions often require Board approval, or even a resolution passed by members at a general meeting, a company's decision-making process is typically slower and more procedural than a sole proprietor simply deciding on their own.
  5. Oligarchic management / separation of ownership and control. In practice, day-to-day control often rests with a small group of directors (sometimes controlling only a modest fraction of total shares), while the very large number of small shareholders who technically "own" the company have little real influence over its management — a gap sometimes called the agency problem between owners (shareholders) and managers (directors). …
Definition 1Agency Problem

The potential conflict of interest that arises when a company's day-to-day control rests with directors/managers who may not act purely in the interest of the wider body of sh …