SHAREHOLDER
A person who legally owns one or more shares of stock in a
public or a private corporation. A shareholder can be an individual or an
institution. In layman terms a shareholder is the owner of the company.
The number of shares he/she holds defines his/her percentage
of ownership of the company. The law defines the shareholder only after his/her
name or the entity’s name (in case of institution) is mentioned in the
company’s register of shareholder or members. Shareholders of a company or the
corporation are legally separate from the corporation itself and thus are not
liable for the corporation’s liability. Until and unless the shareholder has
offered guarantee, he/she has limited liability to the unpaid share price
underlying.
Shareholder can acquire share either from primary market
(during the IPO of the company) and thus provide the capital for the
corporation or from the secondary market. Shareholders are considered to be the
subset of stakeholders of the company which has direct or indirect interest in
the business entity like customers, suppliers, employees and the community.
Roles of a shareholder
·
Discuss,
decide and vote for the directors of the company.
·
Decide
on the directors’ salary. This has to be appropriate in order to compensate for
the expenses and cost of living in the city where the director lives without
being able to compensate for the company’s offers.
·
Making
decisions on the areas where directors have no power including making changes
at company constitution level.
·
Checking
and making approvals of the financial statements of the company as and when
they are reporting as per company Act norms.
·
Deciding
on the dividend pay-out percentage and make sure the dividends are paid out.
·
Brainstorm,
vote and decide on any organisational decision (strategy, merger, acquisition,
liquidation and etc..)
Types of shareholders-
There are two types of shareholder, namely
1.
Common shareholder: A person or an institution who owns
common shares or ordinary share of a company is known as common shareholder.
2.
Preferred shareholder: A person or an institution who owns
a preferred share of a company is known as preferred shareholder. In terms of
liability from company’s perspective the preferred shares are seniors to common
shares and juniors to debt and bonds.
Both common and preferred shareholders get paid the agreed
dividends from the company on the decided date. The preferred shareholders get
paid before the common shareholders and after the company has paid all of its
debt holders and vendors.
Rights of the
shareholder-
shareholders are granted six rights by its nature and are listed below
1.
Voting
power- Shareholder has the right to vote for the corporate decisions concerned
and limited to the company
2.
Partial
ownership of firm- Shareholder owns part of the company proportional to the
number of shares in the name of holder
3.
Right
to transfer ownership- Shareholder has the right to transfer his shares to any
person or institution under certain conditions.
4.
Right
to receive dividends- He/she has the right and entitled to receive the decided
amount in company’s AGM (Annual General body Meeting) as dividend for the
shares held by shareholder.
5.
Right
to inspect corporate documents- Under company’s act, a firm is liable to report
and file its financials. All of its shareholders are entitled to inspect any of
these corporate documents on any occasion without any particular reason.
6.
Right
to sue the concerned for wrongful acts- A shareholder can file lawsuit, if
he/she comes across any wrongful action by the company in terms of ethics,
discrimination, fraud and etc.
Importance of
shareholder
Shareholders of a company has the right to vote and elect the
director of the firm. These director in turn appoint and supervise senior
executive and officers including CFOs, COO and CEO. Thus shareholders influence
the firm’s operations directly. Shareholders can trade the shares they hold in
share markets for money, pledge to raise money. The supply and demand of any
particular’s company’s shares in market define, fluctuate and decide it’s the
share price, Thus shareholders indirectly influence the share price of a stock
in a market. Shareholder invest money as capital in company and expect returns
when company makes profits, so the shareholders are one of the important
stakeholders of the company or corporation.
If a company liquidates, creditors are first in line to
receive their debts. Next comes the bondholders who hold bonds of the company.
Common shareholders are next and last in line to receive to have their debts
paid in case of company’ liquidation. As shareholder are the most important
stakeholder and participate in the management of the company.
Difference between shareholder and stakeholder
·
All
Shareholder are no doubt the stakeholders in fact vital stakeholders of that
particular company but the reverse is not true, that is all stakeholders need
not be shareholders (vendors, customers and employees are not shareholders.
·
Stakeholders
are not owners of the company but shareholders are the owners of the company.
Number of shares decide their percentage of ownership.
·
Stakeholders
do not have voting rights
·
Stakeholders
do not get paid the dividends whereas shareholders get paid for dividends as
decided in the general body meetings.
·
Shareholders
are last in line to receive liability when company files for bankruptcy where
stakeholders receive their debt as per their rank in order (Employees, vendors,
creditors and bonds holders)
Disadvantages of being
a shareholder
·
Volatility-
The price of stock traded in markets can be fluctuating and shareholders bears
the risk of volatility.
·
Dividends-
There is no fixed dividend percentage or compulsion for the companies to pay
the dividends.
·
Financial
performance- Shareholders returns is solely decided by profitability and its
financial performance.
·
Bankruptcy-
Shareholders are last in line to receive their debt in case if company goes
bankruptcy and files for liquidation.
Conclusion
Shareholder and the director are two different entities,
however a shareholder of a company can become the director of the same firm,
provided he/she receives the board approval. Preferred shared holders do not
have any voting rights within the company. Common shareholders have the right
to influence decisions concerning the company and have the option to file any
lawsuit in case of any company’s illegal action or wrong doing. This can also
be any unethical practice, violating company norms, not meeting audit
requirement, tax fraud, discrimination and etc. To sum it up shareholders are
the owner of the firm and the percentage
of their ownership depends on the number of shares they hold against the total
number of shares made available by the company.
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