Registered Companies | Statutory Corporations |
· This is a company incorporated pursuant to the provisions of the Companies Act.
· Owes its existence to registration. · It is a legal person distinct and separate from its members.
· A private company consists of 2 – 50 excluding passed and current employees who are members. A public company must have a minimum of 7 members.
· May be public or private. · Managed by directors elected by members.
· Canonly engage in transactions set forth by the objects clause and those that are reasonably incidental to the attainment or pursuit of such objects. |
· This is a corporation created by an Act of parliament e.g. Kenya Wildlife Services or Agricultural Finance Corporation, Capital Markets Authority.
· It is a legal person in its own right.
· Owes its existence to an Act of Parliament.
· The statute gives it a name and prescribes its objects.
· It is “owned” by the government. · Can only engage in transaction set forth by the statute and those reasonably incidental thereto. Other transactions are ultra vires and therefore void.
· Management is prescribed by the statute. |
Compare and contrast a corporation created under the Companies Act and a corporation created under an Act of Parliament.
