Public Limited Corporation Case Study

Improved Essays
Chaymae Essaid
61418
February 2, 2016

Public Limited Corporation (La société anonyme)

The public company is a business company by its form with any possible purpose. It is made for the large companies and the associates, called shareholders, which are responsible for the social debts only concerning the amount of their contributions. The legal characteristics of the company is very marked, its operation is narrowly regulated by law 17/95 of the 8/30/96 published in the B.O. n° 4422 of the 10/17/96.
The S.A. must involve an appropriate number of shareholders enabling them to achieve their objectives and to ensure their management and control, without this number being lower than five (5). Representing the authorized capital can take the registered
…show more content…
- The chairman represents the company, and applies the top management. - Between shareholders, the articles of the association can limit the power of management team. The prohibited decisions should be authorized by a general meeting. The administrators and the chairman are held responsible for their management errors, as well as the transgressions of the law.
Anticipated dissolution is decided by the general meeting (Assemblée Générale Extraordinaire) in the following cases:
- If the net cash position becomes lower than the quarter (1/4) of the capital, the general meeting (A.G.E) must gather within the following 3 months the approval of the accounts to decide, if it is necessary, to pronounce the dissolution.
- If the capital is lower than the legal amount a capital growth must be followed within time 1 year.
- If the number of shareholders has reduced, less than 5 for 1 year. The court can always grant a maximum 6 months delay to correct the
…show more content…
If it includes more than 50 associated, it will have a 2 years deadline to transform itself into an S.A.
The authorized capital must be of 100,000 MAD at least. It is divided into equal shares, whose par value cannot be less than 100 MAD. In case of a decrease in the capital (less than minimum legal amount), the private limited company must, within one year, either to increase its capital with this minimum, or to transform itself into a general partnership.
The responsibility of the shareholders is limited, they are held responsible for the value allocated to the contributions when there was no registrar to the contributions or when the value selected is different from the one proposed at the registrar.
The limited private company is managed by one or more individuals. The managers can be selected outside the associates setting. Their nomination and the duration of their work are fixed by the associates (shareholders).
- The manager is held responsible for his management errors.
- Conventions that happen between the manager and the company must be authorized in the general meeting of the

Related Documents

  • Improved Essays

    A) The corporation can have no more than 100 shareholders. B) Only foreign corporations can be an S corporation. C)…

    • 992 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Frosty Company Case Study

    • 1045 Words
    • 5 Pages

    Simon was correct to question whether or not Frosty Co. could capitalize some of the interest on the new loan. After checking with GAAP, it was determined that Frosty Co. cannot capitalize the interest on the new loan as part of the construction project on the new factory. According to GAAP, three conditions must be met in order for the interest to be capitalized: expenditures for the asset must have been made, activities that are needed to get the asset ready for its use are already in progress, and interest costs are being incurred. Unfortunately, Frosty Co. does not meet the second requirement.…

    • 1045 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The document is stored electronically and returned to the address mentioned or otherwise at the registered address if not mentioned otherwise. Formation of the domestic limited liability company is under the provision of Act 23, P.A. of 1993. Article V requires an additional statement to sanctify the…

    • 516 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    All activities of the company is done with the governance of a person called Director of the company. Director’s duties comes from common law and statue law under Corporation Act 2001.They designed so that director can provide good direction and ensure that they are working for the interest of the company. They do not use their position and information provided to them improperly. Sometime there is the situation of insolvent trading where the director of the company allow their company to incur debt when the company is already debt.…

    • 709 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Ruckman Inc Case

    • 2351 Words
    • 10 Pages

    Kyle Kakalia International Accounting Case #2 Ruckman, Inc In his assessment of Ruckman, Inc, Chris should recommend many of the following conversion implementations take place. We will start with the differences between IFRS and US GAAP in capitalization of development costs. For IFRS, there are six requirements that need to be met in order to capitalize a development cost, and a development cost can only be capitalized if it meets all of these six requirements. First of the criteria is a technical feasibility of completing the development project, which means that it has to be possible to complete this project.…

    • 2351 Words
    • 10 Pages
    Improved Essays
  • Superior Essays

    Business Law Case Study

    • 1855 Words
    • 8 Pages

    The legal environment in the business is very vital in ensuring that business transactions are smoothly effected. Business law entails the local, state and federal laws that govern the creation and daily operations of companies. Both the employees and the employers have a responsibility in ensuring that they abide by the business laws within the business environment. For example, the employees must stick to the agreements in the employment contract and behave in accordance with business ethics. They ought to do duties in a professional manner.…

    • 1855 Words
    • 8 Pages
    Superior Essays
  • Great Essays

    Costco Capital Structure

    • 1954 Words
    • 8 Pages

    Capital Structure Debt and equity are the principal components of a company’s long term capital and capital structure describes this composition (combination of debt and equity) of the company’s permanent/long term capital. Capital structure is an indicator of how a firm finances its overall operations and growth using the different sources of funds available. It is a mix of long-term debt, short-term debt, common equity and preferred equity. Debt is in the form of bond issues or long-term notes payable while equity can be common stock, preferred stock or retained earnings. The proportion of short and long term debt is considered while analyzing the capital structure.…

    • 1954 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Imperialism In America

    • 1060 Words
    • 5 Pages

    The company was permitted by its charter to establish a one hundred…

    • 1060 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    DISPUTE ARISING BETWEEN THE TWO THEORIES 1. Introduction A company should pursue economic profitability in order to survive. However, today, it has been brought to awareness that a company also has social responsibilities towards a number of people working together to achieve its aim. An analysis of the shareholder and stakeholder theories has led to the conclusion that these two are very much contradictory, resulting in a debate as to which theory will help embrace good corporate governance.…

    • 1732 Words
    • 7 Pages
    Great Essays
  • Great Essays

    Conrail Case Study

    • 1746 Words
    • 7 Pages

    ACQUISITION OF CONRAIL(B) ASSIGNMENT Mergers, Acquisitions and Corporate Restructuring Submitted To Professor Vishwanath SR Submitted By Amit Prasad Swathi Nivarthi 1. Why did Norfolk Southern make a hostile bid for Conrail? Ans: The most prominent reason for Norfolk to make a hostile bid was to continue its existence.…

    • 1746 Words
    • 7 Pages
    Great Essays
  • Superior Essays

    INTRODUCTION A dividend decision policy of a firm is a crucial area of financial management. The importance of a dividend policy is to determine the amount of earnings or profit made by the company to be distributed to shareholders and the amount to be retained in the firm. The amount retained is called retained earnings this are the most significant internal sources of financing the growth of the firm. On the shareholder side dividends are considered desirable because they may increase the shareholders current return.…

    • 913 Words
    • 4 Pages
    Superior Essays
  • Decent Essays

    Ultra Vires Case Study

    • 1365 Words
    • 6 Pages

    The Doctrine Of Ultra Vires At Common Law The object clause is deemed requirement as to memorandum under Section 18 (1) (b) in the Companies Act 1965. The object clause specified in the Memorandum of Association of a company express the objectives and purposes for which the company should be running the business. Generally, company's power in exercising business activities are confined to the object clause.…

    • 1365 Words
    • 6 Pages
    Decent Essays
  • Great Essays

    It is well known that corporate governance has been defined as “the system by which companies are directed and controlled. Boards of directors are responsible for the governance of their companies, including setting the company’s strategic aims, providing the leadership to put them into effect, supervising the management of the business and reporting to shareholders on their stewardship.” (Financial Reporting Council, UK Corporate Governance Code) Leadership and Board Effectiveness According to the recent annual report, Diageo has been in compliance with The UK Corporate Governance Code which was published by the Financial Reporting Council in September 2014 until 30 June 2016. In this year, Diageo has 13 board members in total and 5 of them are women.…

    • 1440 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    According to Jerzemowska, M., (2006), there is an agent relationship when a person or a group of people, who are the principals, employ a third party as an agent to perform services or tasks on their behalf. The principals delegate their decision making powers to the agents who represent the principals. There are two main types of agency relationships that exist in a firm, namely, between shareholders and mangers, and between shareholders and creditors. Shareholders are the owners of the business. Very often, they do not manage the firm as they lack the necessary expertise.…

    • 1088 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    BUSINESS ENVIRONMENT Executive summary Organization differs in terms of their purposes. Some want to make profit while some want to serve people. Vodafone as an organization is profit-centric. It, by pursuing various strategies, serves the objectives of the stakeholders including customer, mangers and shareholders. Economic system has a crucial aspect.…

    • 828 Words
    • 4 Pages
    Improved Essays