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Difference between Corporation and Company

Last Updated : 22 Apr, 2024
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The terms “Corporation” and “Company” are sometimes used interchangeably, but have different meanings. A corporation is a specific type of legal entity with certain characteristics, the term “company” is a broader term that refers to any business organization formed by a group of individuals. The distinction between a corporation and a company lies in its legal structure, ownership, regulatory requirements, taxation, and other factors.

What is a Corporation?

A corporation is a legal entity that is separate and distinct from its owners (shareholders). It is created under the laws of a particular jurisdiction and has rights and liabilities similar to those of individuals. Corporations are typically formed to conduct business, whether for-profit or non-profit, and they can engage in various activities, including owning assets, entering contracts, and suing or being sued.

Key Features of a Corporation:

  • Limited Liability: One of the primary advantages of a corporation is that its shareholders have limited liability. This means that the personal assets of shareholders are generally protected from the debts and liabilities of the corporation.
  • Separate Legal Entity: A corporation is considered a separate legal entity from its owners, which means it can enter into contracts, own property, incur debts, and engage in legal proceedings in its name.
  • Centralized Management: Corporations are typically managed by a board of directors elected by the shareholders. The board of directors appoints officers, such as the CEO and CFO, who are responsible for the day-to-day operations of the company.

What is a Company?

A company is a business organization formed by a group of individuals, known as shareholders, with the primary objective of engaging in commercial activities to generate profit. A company can take various legal forms depending on the jurisdiction in which it operates, including corporations, partnerships, limited liability companies (LLCs), and sole proprietorships. However, in common usage, the term “company” often refers specifically to a corporation, which is the most prevalent and well-known form of business organization.

Key Features of a Company:

  • Legal Entity: Like a corporation, a company is a separate legal entity from its owners. This means that it can enter into contracts, own assets, incur liabilities, and engage in legal proceedings in its own name.
  • Ownership Structure: A company is owned by its shareholders, who invest capital in the business in exchange for ownership interests represented by shares of stock.
  • Profit Motive: Companies are typically established with the primary goal of generating profit for their shareholders. They engage in various commercial activities, such as manufacturing, trading, providing services, or investing in assets, with the aim of maximizing revenue and profitability.

Difference between Corporation and Company

Basis

Corporation

Company

Leagl Structure

A corporation is a specific type of legal entity that is separate and distinct from its owners (shareholders).

The term “company” is a broader term that refers to any business organization formed by a group of individuals, regardless of its legal structure.

Legal Identity

A corporation is considered a separate legal entity from its owners. It can enter into contracts, own assets, incur liabilities, and engage in legal proceedings in its own name.

The legal identity of a company depends on its specific legal structure. While some types of companies, such as corporations and LLCs, have separate legal identities, others, such as partnerships and sole proprietorships, may not.

Ownership Structure

Ownership interests in a corporation are represented by shares of stock, which are owned by shareholders.

In a corporation, ownership is represented by shares of stock, while in other types of companies, such as partnerships and sole proprietorships, ownership may be held by individuals or partners.

Transferability of Ownership

Ownership interests in a corporation are typically freely transferable among shareholders.

The transferability of ownership depends on the specific legal structure of the company.

Regulatory Requirements

Corporations are subject to specific regulatory requirements under corporate law, including the filing of articles of incorporation, maintenance of corporate records, and compliance with corporate governance standards.

Regulatory requirements vary depending on the type of company and the jurisdiction in which it operates.

Taxation

Corporations are subject to corporate income tax on their profits.

Taxation varies depending on the type of company. While corporations are subject to corporate income tax, other types of companies, such as partnerships and sole proprietorships, may pass through profits to their owners, who are then taxed at the individual level.

Public Listing

Some corporations may choose to go public by offering shares of stock to the public through an initial public offering (IPO).

While corporations can be publicly traded, other types of companies, such as partnerships and sole proprietorships, are typically privately owned and operated.

Conclusion

In conclusion, a corporation is a legal busine­ss. It has limited liability and formal rules. A company is differe­nt. It covers many types of businesse­s. Learning the differe­nces matters. It helps e­ntrepreneurs, inve­stors, and others who work with businesses. The­y need to know about business owne­rship and management.

Corporation and Company – FAQs

Can a company be a corporation?

Yes, a corporation is a type of company that has a specific legal structure characterized by limited liability and ownership through shares of stock.

What are the advantages of forming a corporation?

Some advantages of forming a corporation include limited liability protection for shareholders, access to capital through the issuance of stocks, and potential tax benefits.

What are the disadvantages of forming a corporation?

Disadvantages of forming a corporation may include higher administrative and regulatory burdens, double taxation on corporate profits, and less flexibility in decision-making compared to other business structures.

What are examples of companies that are not corporations?

Examples of companies that are not corporations include sole proprietorships, partnerships, and limited liability companies (LLCs), each with its own legal structure and characteristics.



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