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Company Law

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Company Law

  • This topic has 3 replies, 2 voices, and was last updated 10 years ago by MikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • February 23, 2015 at 11:18 pm #229846
    gabbi08
    Member
    • Topics: 135
    • Replies: 181
    • ☆☆☆

    Hi Sir,

    I came across below question of which I am still confused. Could you kindly help?

    Which of the following companies does Not have the share capital?

    A Public company
    B A company limited by guarantee
    C An unlimited liability company

    The answer from the book is B. I personally answered C for below reason:

    A private company can be limited by guarantee and having a share capital or by limited by share capital.

    If in the unlimited liability company the members have the unlimited liability and share defines the liability of share holder/member, how can the unlimited liability company have the share capital?

    Thanks

    Gabbi

    February 23, 2015 at 11:40 pm #229848
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    Shares do not only identify liability limits – they may also be used to allocate voting power

    A private company may be limited by guarantee. It may or may not have a share capital (that’s not the same as you have written!)

    This is not one of my questions – it must be BPP or Kaplan!

    Since 1982 (I believe, but the date isn’t important) no more private companies limit by guarantee and having a share cital may now be registered so that’s probably why the given answer is “b”

    But it’s a poor question in that there do stil exist private companies limited by guarantee with a share capital that were created before the relevant date

    Ok?

    February 24, 2015 at 9:28 am #229898
    gabbi08
    Member
    • Topics: 135
    • Replies: 181
    • ☆☆☆

    Hi Sir

    Clear now. Thanks

    Gabbi

    February 24, 2015 at 10:45 am #229939
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    You’re welcome

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