Why form a limited
company
in the first place. Why incorporate.
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. What are the
advantages of forming a limited company as opposed to the
registration of a business name?
Incorporating a company (i.e. when you form a
limited company) you actually create a
legal entity that is a separate and distinct from that of the
company directors, shareholders and other officers
. The creation of this entity 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.
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 - 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 - Prcted on the Register of ies but not
a Trademark
The
registration of a limited company name protects that specifc
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.