Archive for the ‘Trading Transactions’ Category
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If you fall into that group of people who do not wish to relinquish control, then if your business requires funding you might aim for softer target funders, namely friends and family. You might decide to issue them with shares in the company, but shares of a different type that do not give holders any right to vote on company resolutions. Various kinds of non-voting shares exist, and many potential ownership structures are possible.
Having laterally thinking and creative professional advisers to hand is essential in this area. Non-voting shares will benefit for any increase in the value of the business as a whole as it grows. However, since such shares do not confer a vote to the holders, family and friends shareholders do not have the chance, as the founder may see things, of becoming too closely involved in determining business matters.
Understanding what various fractions of company ownership really mean is an important issue. How much of your business should you be prepared to give up, and what would that loss of ownership mean to you? Some people’s aim is to build their business and retain control of it, control being the critical word. Holding shares in a limited company usually gives the owner a right to vote on major company issues at meetings of shareholders. The broad position under companies’ legislation is that any individual shareholder, or group of individuals, who control more than 50 percent of the ordinary voting shares in a company will have a controlling stake. Legal agreements can exist within individual companies to vary the situation, but the general principle is that more than 50 percent voting power equates to control for most purposes.
That is because a greater than 50 percent majority has the voting power to approve ordinary resolutions, ones that require only a simple, meaning greater than 50 percent, majority in order to be passed. Such resolutions would normally comprise decisions about the appointment of someone as company director, which firm of accountants will be appointed as the company’s auditors, if applicable, and whether there should be dividend payable to shareholders. Complete control is self-evidently in the hands of any individual or group that votes 100 percent of the voting shares in a company. In reality, however, any individual or group that holds 75 percent of a company’s voting shares virtually possesses complete control, since they have the power to approve so called special resolutions, and extraordinary resolutions. Those are the types of resolutions that require 75 per cent of the voting shareholders’ approval, such as changing a company’s name or deciding to wind it up.