Every time I try to explain something about law, I try to be as simple as possible because I realised non lawyers don’t appreciate the technicalities. So I will make this very simple and brief and relatable.
Law controls every part of our lives even when we are not paying attention, some crucial steps and decisions must be taken with the full knowledge of the law. The painful things is if the steps that are against the law are taken ignorantly, it is not an excuse as ignorance of the law is not an excuse. This is why having a lawyer is a matter of necessity and not a luxury.
Laws about companies are very wide and broad, in fact so many laws have direct or indirect implications or impact on the affairs of a company but the most important one is the Companies and Allied Matters Act (CAMA). So in this piece, I will just be talking about the kinds of companies that can be formed.
Your company can either be a private company or a public company.
A private company simply means the kind of company whose membership is limited and cannot invite the public to buy its shares. Its usually a company with close friends, family and relatives as members. A public is the other way round, it has unlimited membership and it can invite the public to get its shares.
Shares are basically the capital of the company divided into small units, in such a way that people that buy those shares have stakes in such company.
Perhaps I should give some differences between a private and a public company so you can understand better.
One major advantage and the most important advantage of having a company is that it is seen as different from people that brought it into existence. It has a personality of its own, so instead of suing you when the company has issues, they sue the company. Simply put you and your company are different people in the eyes of the Law.
Now, a private company has limited membership of 50 persons while that of public is unlimited.
In a public company, you can easily transfer or sell your shares to another person but it is not so easy to do so in a private company.
The law requires a public company to publish details of its account and basically to be open to the public but this is not required of a private company.
The company secretary in a public company must either be a lawyer, chartered secretary or chartered accountant but this is not required for a private company.
To start a public company your minimum capital must be N500,000 while for a private company it must be N10,000
Like I mentioned earlier, in a public company the public cab buy your shares but this can’t happen in a private company.
These are just few differences, to enable you have an idea. There are other major types which I will be discussing in a subsequent post, each of the types I will discuss can also either be public or private.
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Please note that the information given here is for simple and basic knowledge, there are still more in depth things to know about types of companies and advantages. This is why you need a lawyer as a matter of necessity. If you want to form a company and you need legal advice, do let me know.
©Onashile Peace (tolarnee)