What is the difference between a company and a corporation?
A corporation, unlike a sole proprietorship or partnership, is an independent legal entity owned by stockholders. But what is an “independent legal entity”? And how is it created?
An ordinary person, in ordinary circumstances, can’t create an independent legal entity. If someone punches me, I can’t create a separate legal entity to take my place in the lawsuit against them. The only entities recognized by law are the ones created by existing laws. So if you want to create a new independent legal entity, you have to find some law that allows you to do so.
In most US states there is such a law: the law that governs corporations. It says that if you file certain papers and pay certain fees, you will be allowed to create an independent legal entity called a “corporation.” By doing this you will be able to perform acts that would otherwise be illegal for ordinary people– in particular, buying and owning property and signing contracts on behalf of your new legally distinct entity.
The law does not distinguish between large corporations and small ones. Any group of people can form one. So why do we think of corporations as large?
Because companies are constrained in two ways: they have limited funds
Many people use the words company and corporation interchangeably, but they aren’t actually the same thing. A company is a type of corporation.
A corporation is a separate legal entity that has been incorporated through a legislative or registration process. Just as an individual has a social security number, a corporation has an employer identification number (EIN). This EIN number differs from a social security number because it’s used to identify a business entity instead of a person. In addition to having an EIN, a corporation can also be identified by its name and state of incorporation.
A company, on the other hand, is basically a business organization that produces goods or provides services. The distinction between companies and corporations is that companies are not subject to the same regulations that corporations are. Both for-profit and nonprofit organizations are considered companies.
If you have questions about which type of entity best suits your needs, consult with an attorney who specializes in business law.
A “company” is a general term for an association of people who cooperate to do something. A “corporation” is a particular kind of company with a distinct legal identity from its members. Incorporating a company makes it easier for its members to raise money and to limit their liability for debts and other obligations.
Most companies are not incorporated. For example, the company you work for might be incorporated, in which case it’s probably called something like “Google, Inc.” But the company you work in–your department or division or team–is probably not called “Search, Inc.” or “Engineering, Inc.” It’s just “search” or “engineering.”
Incorporating makes sense if your goal is to grow big and if there are potential liabilities–like if you’re doing something that can get you sued, like making cars–that might cripple the company and so put all its employees out of work.
But if your goal is to stay small and make something wonderful, incorporating is a bad idea. It means you have to spend time making decisions about things that don’t matter (e.g., how many board seats to allocate to each founder) rather than things that do (e.g., what the product should be
“Company” and “corporation” are generally used interchangeably, though they’re not quite the same thing. A company is a form of organization that groups together people to achieve a common goal. A corporation is a legal entity that exists separately from its shareholders.
In other words, a corporation is a company that has been incorporated under the laws of the state in which it operates. Incorporation protects the owners of a corporation, called stockholders or shareholders, from being personally liable for the company’s debts and obligations.
Corporations also allow companies to sell their shares on the open market and raise money from investors. This makes corporations particularly attractive vehicles for start-ups because they allow founders to raise capital by selling off small portions of their ownership interests in exchange for cash investments from multiple individual investors who, in turn, receive an ownership stake in the business.
Corporations are taxed separately from their owners and can continue to operate indefinitely even if shareholders change or die. They are also subject to more state and federal regulations than other forms of businesses, such as limited liability companies (LLCs) or sole proprietorships.
The word “company” is used to describe a business organization. It can be used as a catch-all term for any sort of business, large or small, or it can be used to refer specifically to a business that has separate legal identity from its shareholders, in which case the company is called a corporation. The word corporation comes from corpus, the Latin word for body. A corporation is a collection of people who have been granted special legal status as an artificial person.
A professional startup founder will plan to make something he wants himself. What he’ll be best at making will be things he likes. But if those are the only things he makes, his company will come to resemble his personality–and since people’s personalities don’t agree on much, neither will companies whose founders are all trying to make products they themselves would want.
When you make something for yourself, you’re the only user who matters. But when you make something for users other than yourself, you have to learn how to listen to them. The most successful founders know this instinctively. When Paul Graham was writing Viaweb, his idea of a user was someone like himself: technically sophisticated and comfortable with Unix. In practice Viaweb had many more customers like Sears than like Paul Graham
The word “company” is used to describe a business that’s incorporated, or one that has a charter from the state allowing it to transact business. The company may be a limited partnership, a corporation or some other legal entity.
When a company is formed, the owners invest money in the company to fund its operations. They receive shares of stock in return for their investment. When the company does well and turns a profit, stockholders receive dividends on their shares of stock.
Investing in a corporation is different than investing in an unincorporated business because corporations are responsible for their own debts and contracts. If you purchase an asset from Corporation X, you have no direct claim against the owner’s personal assets if Corporation X doesn’t pay you.
The word “company” is a general one, referring to any group of people working together. The term “corporation” is a formal word referring to a particular kind of company where the owners have limited liability and transferrable shares.
A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of creation confers upon it, either expressly, or as incidental to its very existence. These are such as are supposed best calculated to effect the object for which it was created. Among the most important are immortality and individuality; properties by which a perpetual succession of many persons are considered as the same and may act as a single individual. They enable a corporation to manage its own affairs, and to hold property without the perplexing intricacies, the hazardous and endless necessity of perpetual conveyances for the purpose of transmitting it from hand to hand. It is chiefly for the purpose of clothing bodies of men with these qualities and capacities that corporations were invented and are in use. By these means, a perpetual succession of individuals are capable of acting for purposes as lasting as the desires of those who associate: continuing beyond their lives and capable even of taking action after death at least