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The relationship between a company and its shareholders is rooted in a similar form of mutualism. Shareholders invest their savings or capital in a company. The company then deploys the capital to fund its operations. This allows the corporation and its shareholders' investments to grow.
In a private company, the transfer of shares is restricted, and the number of shareholders may range from a minimum of one to maximum of fifty. Public limited liability companies must have a minimum of one to maximum of unlimited shareholders.
Shareholders and directors have two completely different roles in a company. The shareholders (also called members) own the company by owning its shares and the directors manage it. Unless the articles say so (and most do not) a director does not need to be a shareholder and a shareholder has no right to be a director.
Shareholders and managers can work in a hierarchy in which principals attempt to control the actions of agents to achieve the wealth objective. Alternatively, shareholders and managers can work together as a cooperative team in which shareholders provide financial capital and managers provide human capital.
A company must always act in the stockholders' best interest by making sure its decisions enhance shareholder value. Stockholders do not have a say in the day-to-day management of a company, but their collective presence as company owners puts constant pressure on company management.
Stockholders own shares in companies, which makes them collective owners. They elect a board of directors to lead their companies and look out for their investment interests. Boards have a legal responsibility to govern on behalf of the stockholders and help companies prosper.
Section 149(1) of the Companies Act, 2013 requires that every company shall have a minimum of 3 directors in the case of a public company, two directors in the case of a private company, and one director in the case of a One Person company.
The law states that an S corporation can have a maximum of 100 shareholders. There is no minimum number of shareholders.
A private limited company can have a minimum of 1 director. A private limited company can have a minimum of 1 shareholder and a maximum of 50 shareholders.
Legal relationship of Director with CompanyA director of a company also acts as trustee, agent, managing partner and employee of the company. The role of a director as each one of these is as follows: Director as an agent: Directors generally act as agents of the company as the company cannot work on its own.