Nature & Scope of Business Organizations

(This is a very basic topic, do not go in much details)

Meaning of Business Organization

Business organization is composed of two words, business and organization. In order to understand the nature of business organization, it is necessary that the meaning of these two words is made clear to the readers.

(1) Business

Business is a human economic activity. It involves continuous and regular production and distribution of goods and services with a view to earn profit. Money flowing in and earning of profit through the satisfaction of the customers are the two measuring rods of the success of a business.

(2) Organization

The meaning of the word organization is generally divided into two parts (i) material organization and (ii) human organization.

(i) Material Organization

The material organization is the determining and providing of necessary raw materials, tools, capital, personnel etc in an enterprise fonts smooth functioning.

(ii) Human Organization

It is the appointment of qualified staff, dividing the duties and re of the personnel employed. Then grouping these duties in the form of posts and delegating authority to each post so that work is carried out as planned.

Business Organization

Thus is a process or an art of establishing effective cooperation between the factors of production (land, material, capital equipment. personnel) for producing or acquiring wealth with a view to earn profit in an enterprise. Scope of business organization. Business organization thus is a process or an art of establishing effective cooperation between the factors of production (land, material, capital equipment. personnel) for producing or acquiring wealth with a view to earn profit in an enterprise.

Scope of Business Organization

The scope of business organization has considerably expanded after the Industrial Revolution. The process of production is now quite complicated. An organization is needed to determine what each person will do and how much authority each will have. The role of business organization in various forms of business ownership is discussed in brief.

(1) In Sole Proprietorship


Form of business, the organization structure is very simply. The entrepreneur generally introduces his own capital. He alone is the sole organizer, financier, decision taker, operator, and controller and above all responsible for air the success and failures of business, there is generally rule sub-division of main work into small groups.

(2) In a Partnership Form of Business

ownership, each partner provides capital, labour and management according to an agreement the partners determine among themselves the extent to which each partner shall take part in the management. The pattern of division of activities, determination of responsibilities. Delegation of authority etc depends upon the nature and size of business. As the partnership business is generally run on small scale, the business organization structure is relatively simple, temporary and informal.

(3) In a Company Form of Business

There is a formal pattern of organization. The work of organization begins even before its incorporation by the promoters. This work of organization continues after incorporation. An organization chart of responsibilities is prepared. The duties and responsibilities of the personnel employed are defined, procedures are aid down. Methods are evolved discussed and put before the personnel’ in clear terms. The scope of business organization in corporate business is quite wide and complicated.

Forms of Business Organization

Introduction

Business concerns are established with the objective of making profits. They can be established either by one person or by a group of persons in the private sector by the government or other public bodies in the public sector. A business started by only one person is called sole proprietorship. The business started by a group of persons can be either Partnership or Joint Stock Company or a Co-operative form of organization.
Forms of business organization are legal forms in which a business enterprise may be organized and operated.

These forms of organization refer to such aspects as ownership, risk bearing, control and distribution of profit. Any one of the above mentioned forms may be adopted for establishing a business, but usually one form is more suitable than other for a particular enterprise. The choice will depend on various factors like the nature of business, the objective, the capital required, the scale of operations, state control, legal requirements and so on.

Sole Proprietorship


Meaning: A sole proprietorship or one man’s business is a form of business organization owned and managed by a single person. He is entitled to receive all the profits and bears all risk of ownership.


Features:

The important features of sole proprietorship are:

• The business is owned and controlled by only one person.
• The risk is borne by a single person and hence he derives the total benefit.
• The liability of the owner of the business is unlimited. It means that his personal assets are also liable to be attached for the payment of the liabilities of the business.
• The business firm has no separate legal entity apart from that of the proprietor, and so the business lacks perpetuity.
• To set up sole proprietorship, no legal formalities are necessary, but there may be legal restrictions on the setting up of particular type of business.
• The proprietor has complete freedom of action and he himself takes decisions relating to his firm.
• The proprietor may take the help of members of his Family in running the business.

Ease of formation: As no legal formalities are required to be observed.
Motivation: As all profits belong to the owner, he will take personal interest in the business.

Freedom of Action: There is none to interfere with his authority. This freedom promotes initiative and self-reliance.

Quick Decision: No need for consultation or discussion with anybody.

Flexibility: Can adapt to changing needs with comparative ease.

Personal Touch: comes into close contact with customers as he himself manages the business. This helps him to earn goodwill.

Business Secrecy: Maintaining business secrets is very important in today’s competitive world.

Social Utility: Encourages independent living and prevents concentration of economic power.

Disadvantages

Limited resources: one man’s ability to gather capital will always be limited.

Limited Managerial Ability


Unlimited Liability: Will be discouraged to expand his business even when there are good prospects for earning more than what he has been doing for fear of losing his personal property.

Lack of Continuity: uncertain future is another handicap of this type of business. If the sole proprietor dies, his business may come to an end.
No Economies of Large Scale: As the scale of operations are small, the owner cannot secure the economies and large scale buying and selling. This may raise the cost of production.

Suitability of Sole Proprietorship Form

From the discussion of the advantages and disadvantages of sole proprietorship above, it is clear that this form of business organization is most suited where:

• The amount of capital is small
• The nature of business is simple in character requiring quick decisions to be taken
• Direct contact with the customer is essential and
• The size of demand is not very large.

These types of conditions are satisfied by various types of small business such as retail shops, legal or medical or accounting profession, tailoring, service like dry cleaning or vehicle repair etc. hence sole proprietor form of organization is mostly suitable for these lines of businesses. This form of organization also suits those individuals who have a strong drive for independent thinking and highly venturous some in their attitude.

Partnership

Introduction:

Generally when a proprietor finds it’s difficult to handle the problems of expansion, he thinks of taking a partner. In other words, once a business grows beyond the capacity of a sole proprietorship and or a Joint Hindu Family, it becomes unarguably necessary to form partnership. It means that partnership grows out of the limitations of one-man business in terms of limited financial resources, limited managerial ability and unlimited risk. Partnership represents the second stage in the evolution of ownership forms.

In simple words, a Partnership is an association of two or more individuals who agree to carry on business together for the purpose of earning and sharing of profits. However a formal definition is provided by the Partnership Act of 1932.

Definition

Section 4 of the Partnership Act, 1932 defines Partnership as “the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all”

Features of Partnership


simple procedure of formation: the formation of partnership does not involve any complicated legal formalities. By an oral or written agreement, a Partnership can be created. Even the registration of the agreement is not compulsory.
Capital: The capital of a partnership is contributed by the partners but it is not necessary that all the partners should contribute equally. Some may become partners without contributing any capital. This happens when such partners have special skills, abilities or experience. The partnership firm can also raise additional funds by borrowing from banks and others.
Control: The control is exercised jointly by all the partners. No major decision can be taken without consent of all the partners. However, in some firms, there may partners known as sleeping or dormant partners who do not take an active part in the conduct of the business.
Management: Every partner has a right to take part in the management of the firm. But generally, the partnership Deed may provide that one or more than one partner will look after the management of the affairs of the firm. Sometimes the deed may provide for the division of responsibilities among the different partners depending upon their specialization.
Duration of partnership: The duration of the partnership may be fixed or may not be fixed by the partners. In case duration is fixed, it is called as “partnership for a fixed term. When the fixed period is over, the partnership comes to an end.
Unlimited Liability: The liability of each partner in respect of the firm is unlimited. It is also joint and several and, therefore any one of the partner can be asked to clear the firm’s debts in case the assets of the firm are inadequate for it.
No separate legal entity: The partnership firm has no independent legal existence apart from that of the persons who constitute it. Partnership is dissolved when any partner dies or retires. Thus it lacks continuity.
Restriction on transfer of share: A partner cannot transfer his share to an outsider without the consent of all the other partners.

Advantages

ease of formation: partnership can be easily formed without expense and legal formalities. Even the registration of the firm is not compulsory.
large resources: when compared to sole-proprietorship, the partnership will have larger resources. Hence, the scale of operations can be increased if conditions warrant it.
better organization of business; as the talent, experience, managerial ability and power of judgment of two or more persons are combined in partnership, there is scope for a better organsation of business.
greater interest in business: as the partners are the owners of the business and as profit from the business depends on the efficiency with which they manage, they take as much interest as possible in business.
prompt decisions: as partners meet very often, they take decisions regarding business policies very promptly. This helps the firm in taking advantage of changing business conditions.
balanced judgement: as partners possesses different types of talent necessary for handling the problems of the firm, the decisions taken jointly by the partners are likely to be balanced.
flexibility: partnership is free from legal restriction for changing the scope of its business. The line of business can be changed at any time with the mutual consent of the partners. No legal formalities are involved in it.
diffusion of risk: the losses of the firm will be shared by all the partners. Hence, the share of loss in the case of each partner will be less than that sustained in sole proprietorship.
protection to minority interest: important matters like change in the nature of business, unanimity among partners is necessary hence, the minority interest is protected.
influence of unlimited liability: the principle of unlimited liability helps in two ways. First, the partners will be careful in their business dealings because of the fear of their personal properties becoming liable under the principle of unlimited liability. Secondly, it helps the firm in raising loans for the business as the financers are assured of the realization of loans advanced by them.


great risk: as the liability is joint and several, any one of the partners can be made to pay all the debts of the firm. This affects his share capital in the business and his personal properties.
lack of harmony: some frictions, misunderstanding and lack of harmony among the partners may arise at any time which may ultimately lead to the dissolution.
limited resources: because of the legal celing on the maximum number of partners, there is limit to the amount of capital that can be raised.
no legal entity: the partnership has no independent existence apart from that of the persons constituting it, i.e it is not a legal entity.
instability: the death, retirement or insolvency of a partner leads to the dissolution of the partnership. Further even any one partner if dissatisfied with the business, can bring about the dissolution of partnership. Hence partnership lacks continuity
lack of public confidence: no legal regulations are followed at the time of the formation of partnership and also there is no publicity given to its affairs. Because of these reasons, a partnership may not enjoy public confidence.
sustainability: the advantages and drawbacks of partnership stated above indicate that the partnership form tends to be useful for relatively small business, such as retail trade, mercantile houses of moderate size, professional services or small scale industries and agency business.

But when compared to sole proprietorship partnership is suitable for a business bigger in size and operations.

Joint Stock Company

In the modern times the business and industry has been developed on a large scale the capital required for such industry and trade is huge which cannot be accumulated either in a sole proprietorship or a partnership organization. As a result of this change, a new form of organization has become quite popular in modern times which are known as Joint Stock Company. It is normally defined as;


It means the joint stock company is a voluntary association of individual who contribute their money or profit to a common stock for carrying on a particular business. The money or money’s worth contributed by the member known as ‘share holders’ forms the capital of the company. The capital is divided into numbers of unit called share. Each share carries definite face value and is transferable in the market without any restriction or formalities.

A company as soon as incorporated takes a legal entity distinct from the share holder who composes it. It is managed by a group of persons known as directors. Directors are the representatives of share holders.

Formation of Joint Stock Company

All the joint stock companies whether public or private are governed by the company’s ordinance 1984 and must be formed according to the procedures laid down in that act. For the formulation of Joint Stock Company the following document must be submitted to the registrar, joint stock Company;

1. The list of directors along with their address.

2. the memorandum of association on which at least 7 person, who are promoters should sign in case of public limited company and two in case of private limited company. In addition of this it is also essential for the, to purchase the qualification share.

3. Articles of association duly signed as memorandum of association.

4. The consent of all the directors to act as directors.

5. A formal declaration by the secretary that all the formalities are duly completed.

6. A statement of normal capital.

Along with the above documents, registration fees, which varies with the amount of share capital is paid off to the treasury.

When the registrar of the joint stock companies is satisfied from all the formalities he will enter the name of the company in the register and will issue a certificate of incorporation. Now the company will have its separate existence.

Advantages of a Joint Stock Company

1. Huge Amount of Capital

It is in a position to raise large amounts of capital required for big business. The reasons are the limitations of liability and the ease of transferability of shares. The small value of shares allows a large number of persons to invest. So, due to limited liability and issuance of shares, large capital may be raised by a Joint Stock Company.

2. All People can Invest


In a Joint Stock Company, the shares are of different kinds so they are purchased by persons of different temperaments. The small value of shares allows the poor people also to purchase it. Besides, a company may also raise finance by the issue of debentures and bonds.

3. Limited Liability of Shareholders

The liability of shareholders is limited. It means that the risk is spread over a large number of shareholders and the possibility of hardship on a few is reduced. Secondly, if the business is going to be lost, the shareholders are not liable to loose anything from their private property.

4.Professional management

Management of a company is in the hands of the directors, who are elected democratically by the members or shareholders. These directors are known as the "Board of Directors". They manage the affairs of the company and are accountable to all the investors. So, the investors elect capable persons who have sound financial, legal and business knowledge to the board so that they can manage the company efficiently.

5. Stability of Business

The success of business also depends upon the life of the business. The Joint Stock Company is more suited in tis respect, for a company is a legal person having a perpetual succession.

6. Large-scale production

Since there is an availability of large financial resources and technical expertise, it is possible for the companies to have "large-scale" production. This enables the company to produce more efficiently and at a lower cost.

7.Research and development


Only in joint stock company form of business, it is possible to invest a lot of money on research and development so that new design, better quality products, etc. Can be achieved.


1. Difficult to form:
The formation & registration of joint stock company involves a long and complicated procedure. A number of legal documents and formalities have to be completed before a company can start business. The process of formation requires the services of specialists such as chartered accountants, company secretaries, etc. Because of all this, the cost of formation of a company is very high.

2. Excessive government control:
Joint stock companies are regulated by government through the Companies Act and other economic legislations. Especially, public limited companies are required to complete various legal formalities as provided in the Companies Act and other legislations. Non-compliance with these causes a heavy penalty. This affects the smooth functioning of the companies.

3. Delay in policy decisions:
Generally policy decisions are taken at the “Board of Directors” meetings of the company. Further, the company has to fulfill certain procedural formalities. These procedures are time consuming and therefore, may delay action on the decisions.

Promotion (Memorandum of Association) & Management (Article of Association)

Memorandum of Association


The first thing in the formation of a Joint Stock Company is the preparation of the Memorandum of Association. It is a document, which sets out the constitution of the company and as such, is really the foundation on which the structure of the company rests. That is why this document has often been called the charter of the company in its relation to the outside world. The document is prepared by the promoters of the company. The memorandum of Association must contain the following clauses:

1. Name Clause

In this clause the full name of the company is shown and the last word of the name of the company must be limited. The company can adopt any name but there are certain restrictions and the words like ROYAL, IMPERIAL, EMPIRE and ESTATE etc cannot be used without the special permission of the Government.

2. Object Clause

This clause is quite important and must be very carefully drafted as it determines the activities of the company. In the object clause each and every detail of activities of the business to be carried out must be laid down. Once the object clause is completed, it become very difficult to make any amendment. The value of the shares, the allotment money must be given in detail.

3. Situation Clause

This act provides that the company must have a registered office so that the registrar may be able to send notice etc. to the Company at the registered office.

4. Liability Clause

A declaration that shares holder's liability is limited.

5. Capital Clause

This clause must contain a statement as to the amount of capital with which the company proposes to be registered and the division there of into shares at a certain fixed amount.


Articles of Association

This is another important document, which must be prepared and filed with the Registrar of the companies. The Article of Association contains rules and regulations regarding the internal working and management of the company. It defines the powers, rights and duties of Directors, shareholders and the other officers of the company. The purpose of the Article of Association is to carry out the objects set out in the Memorandum. The Memorandum limits the jurisdiction beyond which the Article of Association cannot go. The Article of Association states how the general meetings are to be held, how the voting is to be transferred, and how they are to be forfeited, how the accounts are to be kept etc. If a company does not prepare its Article of Association, it can adopt of Table A of Companies Ordinance.

The articles must be properly drafted, serially numbered and printed and then filed with the Registrar of the Joint Stock Companies. The article must be signed by the subscribers and witnessed as in the case of Memorandum. It is usual to print the Memorandum and the Article in one booklet, as the company is required to provide the copies to members on request. The articles can be altered at any time by special resolution.


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Co-operative Societies

Concept



Co-operation is a movement of people. It is essentially an activity of the people for mutual help and collective progress.
Co-operation is an activity, where groups of people having common interests come together and work for mutual benefit. The groups can organize themselves to cater to diverse interests, from housing societies, to industrial production to co-operative credit to massive co-operative banks.
It is fundamental right of a citizen to form an association. At the same time voluntary membership is essence of Co-operation, Co-operative Society is not for earning profits. Beneficiaries are the members, who work together and share together.

Thus co-operation is a form of organization wherein persons voluntarily associate together on the basis of equality for the promotion of their social and economic growth.

Co-operation: Nature and Substance

The word co-operation is quite familiar to a common man. For him co-operation is simple working together in any sphere of human activity. In this sense, the roots of co-operation can be traced as far back as the beginning of human civilization. The modern biologist have claimed that co-operation are the group instinct in man which enabled him to live together, work together, and help one another in times of difficulty, has been biologically one of the most important and vital instincts.
It is true that some experts have highlighted man's progress in terms of aggression. However, we have also evidence available from the writings of great authorities like Propotkin who have stressed sociability to be as important a law of nature as mutual struggle. In his Mutual Aid, he asserts that, the human society has been sustained on the basis of mutual aid. H. G. Wells observed co-operative action in nature while Nietzsche felt that there was antagonism at the heart of the world. Broadly, on the basis of nature of things and course of development, one can certainly conclude that despite competitive struggle for existence among men, co-operation has contributed significantly as a force in the voluntary development of man.
E. R. Bowell has rightly stated,
"Co-operation is a universal instrument of creation”.

Features:


(i) Voluntary association. “A co-operative society is a voluntary association of persons and not of capital.” Any persons irrespective of his caste and creed, can join a co-operative society of his free will and can leave it at any time after giving due notice to the society. While leaving, he can withdraw his capital from the society. He cannot, however, transfer his share to another person. The voluntary character of the co-operative association has two major implications: (a) none will be denied the right and opportunity to become its member, and (b) the co-operative society will not compel anybody to become a member. Exception will, of course, have to be made in the case of people whose professional interests differ from those of the society, e.g., a private trader competing with a consumer co-operative.

(ii)Finance. The capital of a co-operative society is raised from members by way of share capital. Since co-operatives are organised by relatively weaker sections of society, the share capital is generally limited. However, it is a part of government policy to assist and encourage co-operatives and, therefore, a co-operative society can usually augment its resources by loans from the State an Central co-operative Banks.

(iii) Control and management. Democracy is the key-note of the management of a co-operative society. Since most of these societies operate on a local scale the meetings of the members are generally well attended. At these meetings, the members elect the managing committee an lay down the policy which its must follow to promote their common interest. Each member, whatever be his stake in the society, has one vote and hence an equal right to participate in the management of the society. Members cannot vote by proxy. Besides, the organisation a n control of a co-operative society tend to be perfectly democratic in so far as its bye-laws are approved by the members after it has been registered. Not merely this, even the day-to-day work of a co-operative society may be carried on by members working in different capacities, and outsiders may be employed only when the society grows too large.

(iv) Service motto. A co-operative society is organised primarily with the object of rendering maximum service to its members in a certain field. It does not aim at profit at the cost of its members, for its members, for it is formed basically for providing certain essential facilities to members . This does not mean that a co-operative society will never work for profit. It is quite usual for societies to earn profits by extending their services to non-members.
(v) Disposal of surplus. It is usual for commercial concerns to distribute profit among the owners in the ratio of their capital contribution, or in an agreed ratio. A co-operative form of ownership and organisation, the surplus arising out of a year's working is given to the members not directly as dividend on shares held by each of them, but in the form of a bonus which need not be proportionate to there respective capital contributions. The bonus may be paid to the members in proportion to purchases made during the year in the case of a consumers' co-operative store, or in proportion to the goods delivered for sale to the society in the case of a producers' co-operative store. In fact, the profit arising out of a difference between the cost price and market price may not be distributed among members but may be utilised in extending amenities and facilities to the members of for undertaking certain social activities for the benefit of the members. It may be noted that law requires that every co-operative society must transfer at least one-fourth of its profits to a general reserve. Likewise, it is provided that a portion of the profit, not exceeding 10 percent, may be utilised for the general welfare of the locality in which the society is functioning.

(vi) Fixed return on capital. One of the basic principles of co-operative organisation, laid down by the pioneers of the co-operative movement lime Rochdale and Owen, was that a fixed or limited return of capital subscribed to the society must be paid out of the surplus to the members. Making the payment fixed interest on paid-up capital definitely a first charge on the trading surplus, gave those who joined the society a solid for leaving their saving in deposit with it.

(vii) State control and corporate status. Although voluntary in their basic character, the co-operative societies are subject to considerable Stat control and supervision. In India, the co-operative State co-operative societies Act, as the case may be. The co-operatives desiring to be registered must fulfill the following broad and basic requirements: (i) A co-operative society must have at least 10 members who have attained majority in age (i.e., are above 18 years of age). (ii) The members should be bound together by a common bond' e.g., they may belong to the same village or locality, tribe, or occupation, etc. (iii) The members should present a joint application to the Registrar of Co-operative Societies furnishing important particulars like membership, share capital, objects, etc. (iv) A copy of the be-laws and the scheme of organisation should be submitted to the Registrar. On registration, the co-operative society will attain the corporate status (the status of a company) and will become entitled to certain privileges. It will also be subject to control and supervision by the State. In fact the co-operative department and has to furnish returns of membership and manual report an accounts to the Registrar of co-operatives. In some states like Madhya Pradesh, the Registrar of Co-operative Societies even approves of appointments in managerial position an lays down terms of employment.

Advantages:

An advantage of a co-operative business is they are usually more stable, caring and responsible employers. They can give greater job satisfaction and variety, and encourage a strong work commitment. They are more responsible to the customer and the community within the business.

1. Any one is allowed to buy shares into the company.
2.Creates a strong working commitment
3.If the company is incorporated then the members in the company are entitled to Limtited Liability!

Disadvantages:

The following are the reasons of failure or defects and disadvantages of cooperative organization.
1.Lack of capital.
(a).Its members are generally related to the poor group of the society and they are not in a position to invest a large amount.
(b).External financial resources of the society are limited.
(c).It cannot borrow money from non-members.
(d).It cannot issue any kind of debentures.
(e).It share cannot be transferred to nonmembers.

It thus suffers shortage of capital for the operation of business.

2.Limited scale. Due to the various hindrances behind the growth of capital, it is not possible for the cooperative society to start its business at a large scale; it therefore, keeps its business limited in the narrow field of cooperation.
3.Inefficient management. Expert and efficient management is important factor for running the business successfully. But a society cannot afford to hire the services of superior abilities due to its limited resources. Therefore its business cannot be carried on smoothly.
4.Lack of prompt decision. As all the matters are decided by the management committee and complied by another authority, it cannot act with promptness, if a chance comes to make a timely purchase or sale, they have to wait to get others consent.

Business Combinations

This link is useful in this regard:

Business Organisation - Google Books

Differentiate between public Company & Private Company in Pakistan

http://www.nos.org/srsec320newE/320EL22.pdf

The above mentioned link is helpful for this question.

Formation of a Company in Pakistan

Relevant laws of Pakistan

Companies remain the most favoured form of business organization in Pakistan especially for medium and large-scale business enterprises. Legal regime for establishment and regulation of companies in Pakistan is given in the Companies Ordinance, 1984. Whereas the function of administration of these companies is vested in the Securities and Exchange Commission of Pakistan and the Registrar of companies appointed by the Securities and Exchange Commission of Pakistan for a Province of Pakistan where such company is to be registered.

Under the provisions of the Companies Ordinance, 1984 a company is a body corporate with separate legal entity and a perpetual succession and a company may be formed by persons associating for any lawful purpose by subscribing heir names to the memorandum of association and complying with other requirements for registration of a company under the provisions of the Ordinance.

The Companies Ordinance, 1984 provides three different types of companies:

• A company limited by shares
• A company limited by guarantee
• An unlimited liability company

Further, under the Companies Ordinance, 1984 two types of limited liability companies are provided namely:

• A private limited company
  
• A public limited company (which may be listed or unlisted)

Any one or more persons associated for any lawful purpose by subscribing their name(s) to the Memorandum of Association and complying with other registration specific requirements of the Companies Ordinance, 1984 may incorporate a private limited company. Provided that where a company has only one subscriber to the Memorandum of Association then such a company is called a Single Member Company, however, a Single Member Company remains a private limited company for all intents and purposes of the Ordinance. Whereas any three or more persons so associated may form a public limited company. A company limited by shares whether private company or a public company is the most common vehicle for carrying out a business enterprise in Pakistan.

Registration of a Company and Commencement of Business in Pakistan

The first step toward incorporation of a company in Pakistan is to file an application before the Registrar of companies for availability of name. If the proposed name of the company is available and it is not in contravention to the provisions of the Companies Ordinance, 1984 and the Rules formed there under, then the Registrar shall issue a certificate stating that the proposed name is available to be adopted.

The nest step is to file the Memorandum of Association and Articles of Association, which in effect is the constitution of any company, with the Registrar of companies in the Province where proposed company is to be incorporated, along with other necessary forms prescribed under the Companies Ordinance, 1984. When the company has been registered the Registrar issues a Certificate of Incorporation. Once such a certificate has been issued by the Registrar a private limited company may commence its business immediately. Nonetheless, a public limited company cannot commence its business or exercise its borrowing powers yet unless the Registrar has issued a Certificate for Commencement of Business. The Registrar issues the Certificate for Commencement of Business only if the following requirements have been fulfilled:
Shares held subject to the payment of the whole amount thereof in cash have been allotted to an amount not less in the whole than the minimum subscription
Every director of the company has paid to the company the full amount on each of the shares taken or contracted to be taken by him and for which he is liable to pay in cash
No money is or may become liable to be repaid to applicants for any shares or debentures which have been offered for public subscription by reason of any failure to apply for or to obtain permission for the shares or debentures to be dealt in on any stock exchange
There has been filed with the Registrar of Companies a duly verified declaration by the chief executive or one of the directors and the secretary in the prescribed form that the aforesaid conditions have been complied with and the Registrar of Companies has issued a Certificate of Commencement of Business
In the case of a company which has not issued a prospectus inviting the public to subscribe for its shares, there has been filed with the Registrar of Companies, a statement in lieu of prospectus


A public limited company may either be listed or unlisted. In case of a listed company its shares may be quoted and dealt with on one of the three stock exchanges of Pakistan viz. Karachi Stock Exchange, Lahore Stock Exchange and Islamabad Stock Exchange. Whereas the shares of an unlisted public limited company may not listed on a stock exchange. A public limited company that intends to have its shares listed on a stock exchange must obtain permission from the relevant stock exchange under the listing regulations of that stock exchange.

Can you guide me out regarding International Law??

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