PRINCIPLES OF BUSINESS TH 4 OPTION MARION DENNIS-WHYTE The Companies Act contains the laws relating to companies. To comply with certain requirements which were laid down by the Companies Act, the promoters of the company must present the following documents: The Memorandum of Association Company name , which must contain the word limited Address of the company’s registered office Statement that the liability of the shareholders is limited Objectives of the company Authorized share capital and the types of shares to be issued The Articles of Association • • • • • Procedures for calling an Annual General meeting. Rights and obligations of the directors Procedures governing the election of Directors Statement concerning the borrowing power of the company Procedures dealing with the payment of dividends Statements of authorised, Registered or Nominal Capital • This is the amount stated in the MOA, which is the maximum amount which the company is authorized to raise. • This is an invitation to the public to buy Prospectus shares in a public company. It contains detailed information to enable investors to estimate its prospects. It is important that the public should not be misled. • Statutory declarations are commonly used to Statutory Declaration allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation. • This is a legal document relating to Certificate of Incorporation the formation of a company or corporation. It is a license to form a corporation issued by state government. Its precise meaning depends upon the legal system in which it is used. Certificate of Trading It is the certificate issued by the registrar of companies to the public limited company to grant permission to commence its business. The private limited company may begin trading after receiving the certificate of incorporation, but the public limited company must issue a prospectus inviting the public to subscribe for shares before a certificate of trading is issued. • A multinational company is a company that has Multinationals headquarters in a home country and operates businesses in various host countries. Examples of Multinational companies in the Caribbean are Shell, Kentucky Fried chicken and Digicel. They provide employment. Advantages They introduce advanced technology. Provide well needed goods and services. • Profits earned are repatriated to the main centre in their home country. • They may exploit the workers by paying low Disadvantages wages and having them work long hours. • They cause unemployment when they close down to take advantage of cheaper labour and lower operational cost in another country. Franchise A franchise is an agreement between a franchisee (the person requesting permission to set up business) and the parent company to allow the franchisee to sell its products or services. Some businesses begin by the owner acquiring a franchise to operate under an already existing business name. Many multinational companies expand into new regions through franchises. The franchisee bears the name of the parent company. They must abide by all the rules and guidelines outlined by the parent company to sell its products. It pays royalties (a fee) to the parent company to operate under its business name. Advantages • • • • • • Access to new markets for the franchisor Source of revenue for the franchisor The franchisee bears some of the risks Franchisee benefits form the support provided by the franchisor eg. Training The franchisee’s risk is reduced because it is selling a recognised brand. The Franchisee must pay the royalties regardless of business size Disadvantages The franchisee has to operate under supervision of the franchisor The franchisee is legally bound to sell only the products of the franchisor