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Corporate Terminology
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The stockholders, as owners of the business, have the right: 1. to vote (one vote for every share of stock held) 2. to share in pro ts 3. to transfer ownership 4. to share in the distribution of assets in the case of liquidation. The board of directors is elected by the stockholders within the framework of the arti cles of incorporation. The board s duties include the appointing of corporate of cers, determining company policies, and the distribution of pro ts. A share of stock represents a unit of the stockholders interest in the business. The par value of a share is an arbitrary amount estab lished in the corporation s charter and printed on the face of each stock certi cate. It bears no relation to the market value, that is, the current pur chase or selling price. There are several categories of stock shares: 1. Authorized shares are shares of stock that a corporation is permit ted to issue (sell) under its articles of incorporation. 2. Unissued shares are authorized shares that have not yet been of fered for sale. 3. Subscribed shares are shares that a buyer has contracted to pur chase at a speci c price on a certain date. The shares will not be issued until full payment has been received.
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4. Treasury stock represents shares that have been issued and later reacquired by the corporation. 5. Outstanding stock represents shares authorized, issued, and in the hands of stockholders. (Treasury stock is not outstanding, as it belongs to the corporation and not to the stockholders.)
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Advantages of the Corporate Form
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The corporate form of business in the United States, when compared to the sole proprietorship or partnership, has several important advantages: 1. Limited Liability of stockholders. Each stockholder is account able for the amount he or she invests in the corporation. If the company should fail, the creditors cannot ordinarily look beyond the assets of the corporation for settlement of their claims. 2. Ready transfer of ownership. Ownership of a corporation is evi denced by stock certi cates; this permits stockholders to buy or sell their interests in a corporation without interfering with the management of the business. Through the medium of organized exchanges, millions of shares of stock change hands each day. 3. Continued existence. The death or incapacity of a partner may dissolve a partnership, but the corporation s existence is independent of the stockholders. 4. Legal entity. The corporation can sue and be sued, make contracts, buy and sell in its own name. This is in contrast to the sole proprietorship, which must, by law, use individual names in all legal matters. 5. Ease of raising capital. Advantages 1 and 2 make the corporation an attractive investment for stockholders. Compare this to the partner ship, where capital raising is restricted by the number of partners, the amounts of their individual assets, and the prospect of unlimited lia bility.
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Although the corporate form of business has the advantages listed above, it also has some disadvantages, such as the following: 1. Taxation. The corporation must pay federal income taxes in the same manner as an individual, and this results in double taxation of cor porate income. Double taxation develops rst from the taxing of the net
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CHAPTER 17: The Corporation
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pro ts and second from that portion of the pro ts distributed to the stock holders as individual income. 2. Cost of organization. The corporation must secure state approval and legal assistance in forming this type of ownership. Requirements vary from state to state, but all states require (a) a minimum number of stockholders, (b) a minimum amount of capital, and (c) a payment of in corporation fees and taxes. The legal fees involved may run to thousands of dollars in large rms and must be added to the costs of state fees and taxes. 3. Legal restrictions. The charter of the corporation of a state is the basis of the corporation s transactions and permits it to engage in only those activities that are stated or implied in the document. If the corpora tion wishes to operate in another state, it must either incorporate in that state also or pay a tax to the state.
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