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Classification of Company - Coggle Diagram
Classification of Company
Company limited by shares
The liability of its members is limited to the amount, if any, unpaid on shares held by the members. (Sec 10(2))
Liability is limited by the amount remaining unpaid on their shares
can be private (Sendirian Berhad/Sdn. Bhd) or public company (Berhad/Bhd)
Company limited by guarantee
The liability of its members is limited to such amount as the members undertake to contribute in the event of it being wound up.(Sec 10(3))
does not have a share capital
formed for non-profit-making objectives
name have the word "Berhad" or "Bhd."
Company limited both by shares and guarantee
No company shall be formed as, or become, a company limited by guarantee with a share capital. (Sec 12)
An unlimited company
A company formed on the principle that on limit is placed on the liability of its members. (Sec 10(4))
may or may not have a share capital
can be private or public company (Sec 11(3))
Public company
Public company means a company other than a private company. (Sec 2)
raises capital by seeking funds from public
must hold AGM
Private company
A company limited by shares having not more than fifty shareholders may be registered as a private company. (Sec 42(1))
restrict the transfer of its shares (Sec 42(2))
prohibited to offer shares or debentures or invite to deposit money. (Sec 43(1))
may or not held AGM
Exempt
Private company in the shares of which no beneficial interest is held directly or indirectly by any corporation and which has not more than twenty members none of whom is a corporation. (Sec 2)
Exempted from prohibitions related to loans to persons connected with directors, related to loans to director
Holding and Subsidiary Companies
A company is a subsidiary of another company with 4 conditions. (Sec 4(1))
the holding company controls the composition of the subsidiary's board
the holding company is in a position to control more than one-half of the voting power of the subsidiary
the holding company holds more than one-half of the issues share capital of the subsidiary
the subsidiary company is a subsidiary of any corporation which is itself a subsidiary of the holding company
Foreign Companies
registered under CA 2016 in Malaysia, but have its incorporated status outside Malaysia
comply with Sections 561-579 of CA 2016