Question Tag: Legal Structure

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Nkaagi, your long-time family friend who is an Engineer by profession, recently took over as the Chief Executive Officer of Wakawaka Investment Ltd, a company listed on the Ghana Stock Exchange. He has on several occasions complained about the many legal requirements they have had to contend with and has now approached you for advice on the benefits to be derived from converting a public limited liability company into a private limited liability company.

Required:
i) Explain what a public limited liability company means to Nkaagi. (4 marks)
ii) Explain TWO (2) features of a private limited liability company. (6 marks)

i) Public Limited Liability Company:
A public limited liability company is a company formed by a large number of people, usually called shareholders, with a minimum of seven shareholders. The liability of members is limited to any unpaid amount on shares issued to them. The company is recognized as a separate legal entity from its owners, meaning it is responsible for its own assets and liabilities. Shares of the company can be freely transferred by a shareholder without the consent of other members, and the company can invite the public to buy shares in the entity.
(4 marks)

ii) Features of a Private Limited Liability Company:

  1. Ownership: Shareholders of a private limited liability company range from a minimum of two to a maximum of fifty persons, with the exception of banks where the maximum is ten people.
  2. Legal Status: The company has a separate legal personality from its owners or shareholders, allowing it to acquire and own assets, sue, and be sued in its own name.
  3. Transfer of Shares: The shares of a private limited company cannot be transferred by a shareholder without the express consent of other members.
  4. Source of Capital: Since the company cannot invite the general public to subscribe for shares, additional capital must be raised through contributions from the owners.
  5. Privacy: The financial records of the company are not open to public inspection, and the company is not required to publish its accounts in national newspapers.