Which of the following is not a feature of a company?
Which of the following is not a feature of a company?
Solution
A company is a form of business organization that provides certain distinct advantages to its members. Let's examine what are and aren't its features:
Separate Legal Entity: A company has its own legal identity, separate from its owners (shareholders). It can own property, enter contracts, and sue or be sued in its own name.
Common Seal: A company has a common seal which acts as its official signature. It is used to authenticate important documents (though now optional under the Companies Act, 2013).
Limited Liability: The shareholders' liability is limited to the amount unpaid on their shares. Their personal assets cannot be used to pay company debts. This is a fundamental feature of a company.
Unlimited Liability: This means owners are personally liable for all business debts without any limit. This is a characteristic of sole proprietorships and partnership firms (for general partners), not companies.
The very purpose of forming a company is to enjoy limited liability protection. If a company had unlimited liability, it would defeat the primary advantage of choosing this form of organization. Creditors can only claim from the company's assets, not from shareholders' personal wealth (except in cases of fraud or lifting of corporate veil).
Therefore, Unlimited Liability is not a feature of a company.
Related questions:
2023: 29 May Shift 2
2023: 29 May Shift 2