Memorandum & Articles of Association

BUSINESS & COMPANY FORMATIONS

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Why Incorporate?

Why form a limited company in the first place? What are the advantages of incorporation?

Why register a limited company in the first place. Why incorporate. What does company incorporation mean. What is limited liability ?

These are just a few of the questions you may ask yourself prior to embarking on setting up a new business venture. Why form a limited company, What are the advantages of company incorporation?

Incorporating a company (i.e. forming a limited company) is one of the best ways to protect a business owner from personal liability. Shareholders of a limited company are generally not liable for the obligations of the company.  Creditors of a limited company may seek payment from the assets of the company, but not the assets of the shareholders. This means that business owners may engage in business without risking their homes or other personal property. Company incorporation and the primary benefits of company incorporation are outlined on this page.

Separate and Distinct Legal Entity

A limited company is a separate legal entity and thus distinct from its shareholders and directors, which means that both the directors and the company have completely separate rights and existence's, hence limited liability.

Limited Company Registration  & Self Employed Contractors

Multi national and larger organisations increasingly require their "contractors" to operate through a limited company structure.

Operating a business though a limited company also conveys status and engenders confidence in those financial institutions, suppliers and customers with whom the business may trade. 

Enterprise funding when setting up a business, if and when approved is generally paid over to a limited company structure. 

Limited Company Name - Protected on the Register of Companies but not a Trademark

The registration of a limited company name protects that specific limited company name from being registered by any other party on the company register registration should not  be confused with implying that the company name so registered is "trademarked". The protection and registration of a " trade mark" is a separate legal process. BCF will be pleased to provide assistance with the registration of a trademark if required.

Shareholders & Private Assets

The private/personal assets of the shareholders, ie. the company owners  are protected from creditors in the event of litigation by them against the limited company. For example, the liability of the shareholders of a limited company is limited to the amount unpaid on any shares issued to them. 

A shareholder (i.e. the owner) in a company cannot be held personally liable for the debts of a limited company. A sole trader on the other hand may become personally liable for all of the debts incurred in his/her business.


 

 

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