- #106
nitsuj
- 1,389
- 98
russ_watters said:Ugh, I didn't see this before: As I said to Tosh several pages ago, don't let the complexity added by multiple owners confuse you into thinking the definition of "ownership" changes. It doesn't. The stockholders own the company. So "The company owns" is still synonymous with "the stockholders own".
And incidentally, since you were non-specific and you worded it badly, the case you described was for one shareholder: You set up the company and sold the entire company to me, making me the sole owner of the bar of gold. But since I know you meant there are multiple shareholders...it is still wrong. The bylaws may or may not include direct voting on policy. If the voting is direct, all you have to do is convince 50%+1 shareholders to vote with you. If the voting is indirect, you just have to do the same except electing a representative who will do what you want.
The fact that it is cumbersome for stockholders to make major changes in large companies and doesn't happen often does not change the status of stockholders.
In any case, this was already discussed in detail and I have rehashed more than I really wanted to. For fuller treatment, read back a couple of pages.
You own the company, the company owns the gold. Think you have all the decision making power?
Why not just take a loan, secured by the gold bar. bank deposits cash to Corp'. bank account, you as sole owner feel it's your money and deposit it into your personal account and buy a home or whatever. value of gold drops.
Bank is nervous and now calls in the loan, business has no money and you decide to simply have the corporation declare bankruptcy. And you're all free and clear right?
nope, you're going to court for the money you stole. You and the corp are separate entities, oddly you just stole from something you have ownership of. Maybe that's what is confusing you, that corporations are legal entities (which would be odd since historically it's significant).
So no "The company owns" is still synonymous with "the stockholders own" is not even remotely accurate.
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