Role Transition

Law Essay on Business Organizations

Business Organizations

Part I

The Bahrain economy is one of the most expanded economies within the Persian Gulf, which makes the nation a corporate center with more transnational investors developing their corporations there. The three core methods of undertaking business in Bahrain incorporate sole proprietorship business, limited liability corporations as well as joint stock corporations. A number of corporations are guided by the Law of Commercial Companies, decree 28 of 1975 (Oxford Business Group 27). Sole proprietorship kind of corporation incorporates a person’s desires to pursue his or her business vision by turning up his or her vision into a working corporate. Sole proprietorship companies are operated and directed by a person who makes all choices solitary without looking up to anybody. The sole proprietor is accountable for the starting funds, which he or she may get using numerous ways to commence and operate the business on his or her own. They revel in gains alone and also face losses and the venture stops to thrive when the sole proprietor deceases.

Sole proprietorship business bodies in Bahrain have a small capital requisite of BD 50, 000 with the proprietor’s legal responsibility limited to the equivalent amount (Ibp, Inc 43). These kinds of corporations are blocked from looking for an insurance protection or undertake any banking activity or instead invest capital for the third parties’ bank account. In addition, the law requires the sole owner to differentiate his or her own monetary accounts from the company’s capital account. Moreover, the law fails to identify sole proprietorship corporations authorized for giving out open funds to the people; and they are, therefore limited from the same. In line with the corporation law of Bahrain used to joint stock businesses, the members have a liability to the corporation’s arrears that is ascertained by the balances value of the shares.  This kind of corporation could run as a release, closed or a public joint stock corporation, however they all have to stick to the nation’s legal requisite. Whereas the nation demands that 51 percent and above of the public joint stock corporations running in Bahrain ought to be owned by Bahraini, it as well lets 100 percent of proprietorship of either released or closed joint businesses by oversea stakeholders (Menipaz and Menipaz 58).

The Ministry of Commerce in the Bahrain state has the authority to permit a joint stock business, which need to have not less than seven investors. These stakeholders need to contribute for a measure of 7 to 20 percent of the corporation stakes. In contrast, closed corporation need at least five stakeholders with BD 250, 000 minimum share capital requisite for its development (Sitkin and Bowen 35). The third core mode of running a corporation in Bahrain is a restricted liability company, which is an investing corporation that limits its stakes from public contribution. Between the stakeholders of limited liability corporation, there must be a minimum of one Bahraini citizen and at least total stakes held by the Bahrainis need to be 51%. The policies running their development require that the name of the corporation need to be trailed by the terms “with limited liability” as its key identity (Oxford Business Group 36).

Furthermore, these type of business undertakings in Bahrain are not authorized to incorporate particular crucial activities for instance brokerage, banking as well as insurance in their activities. These types of corporation together with others need to stick to the given company laws and policies that command how the corporations will run their operations as well as shun contact with the legal authorities (Sitkin and Bowen 34).

Business types in Bahrain and America hold specific relationships here and there and also unique facets that make corporate organization in both nations vary considerably as much as corporations creation, taxation, limited liability and management structure characteristic n the two systems are considered. Bahrain has in recent times turned into a resident for many international corporations where business is flourishing. Essentially, most nations have their corporations epitomized in Bahrain where there are pursuing their ventures, clearly, there are more than 200 corporate bodies owned by Americans doing business in Bahrain. Bahrain and the U.S go on to grow business bonds in an attempt to grow a good joint relation between corporations owned by stakeholders from both nations.

The United States-Bahrain Bilateral Investment Treaty (BIT) is one amongst numerous enterprises set forth by both nations to cultivate a great circumstance for doing business between these two nations (Menipaz and Menipaz 83). Fundamentally, this has attempted to create even basis for corporations owned by shareholders in either nation for complete partnership, limited liabilities or companies. This is clear in the ways utilized by these nations for the creation of numerous kinds of ventures. To be precise, majority of sole proprietorship businesses are established by a person who is accountable for entire corporation’s responsibilities and arrears. The least number of stakeholders needed for the formation of limited liability corporations for both nations vary from 2-20 members (Ibp, Inc 46).

Moreover, joint stock corporations in Bahrain and the U.S. similarily need that there be a minimum of 51 percent proprietorship of the corporation by the host nation prior to a corporation is legitimately established to operate business in the nation. In addition, the organization structures of several corporate types in both nations are nearly the identical. The workers in several kinds of corporates comprehend as well as keep an eye on similar operating relations with their comrades, juniors and superiors and also reporting processes (Sitkin and Bowen 31). Most common partnership organizations, limited liability corporations as well as firms in both United States and Bahrain utilize the matrix administration structure as the most accessible administration plan to direct the input of the corporation towards understanding the agreed goals and purposes.

In both states, there is limited liability in sole ownership corporations, limited liability corporations as well as joint stock companies. Nevertheless, regardless of the above-mentioned comparisons, there are noticeable variations between overall partnerships, companies as well as limited corporations in Bahrain and United States. For example, there is no business tax on corporations in Bahrain with an exclusion of oil, gas and petroleum companies different from those in U.S. furthermore, the taxation regulations in Bahrain work the same way to all kinds of corporations either local or international in the kingdom of Bahrain contrasting those in the United States where oversea corporations are exposed to a fairly unique taxation policy contrasted to those used in local firms (Oxford Business Group 41). In contrast with the United States, Bahrain has lesser taxes charged on different kinds of firms, which makes it more interesting to international financiers who revel in loose flow of capital commodities and a-100% proprietorship.

Part II

Coming up with funds is one of the difficulties experienced by firms as well as people not only in Bahrain, but also in numerous countries. It is perhaps the most difficult undertaking in the events of turning up an individual’s corporate thought (s). For this reason, private firms and companies have grown into more inventive means of getting funds to open and back their ventures and also enlarging their businesses. In Bahrain, the capital market is controlled by the Central Bank of Bahrain, which watches over the market undertakings for a broad range of corporations both domestic and international running in the nation (International Monetary Fund 36).

Growing funds is a tough undertaking and spur corporations or people to take part in numerous ways that are not sensible and in accord to the capital market law. For this reason, there must be a governing entity to make sure that corporations are competent to raise funds embracing the necessary funds without certainly contradicting their tactic. It is essential to denote that the procedure of growing funds in Bahrain has be authorized under the given regulations and policies that offer advices on business verdicts concerning growing funds (International Monetary Fund 23). There are several lawfully known means of growing funds, which corporation and people utilize to get finance in an effort to operate and enlarge their companies.

These consist of problems of shares, bonds, secured as well as unsecured loans for banks and commercial bodies and many others. Numerous kinds of corporations either international or local utilize the above-mentioned kinds as dependable and suitable means of growing funds for their firms’ requirements relying on the funds requisites. The Central Bank of Bahrain is authorized to offer governing tools of the nature associated with funds creation as well as growing to numerous people and corporations (International Monetary Fund 34). Remarkably, the state of Bahrain has well-organized regulations and policies that require the legal procedure promising for every nature to depend on to grow funds.

As stated by Bahrain stock exchange regulations, only registered firms are permitted to grow funds via public issue of bonds. A sole proprietorship corporate in Bahrain is not permitted to openly provide their stakes as a way of growing funds (Menipaz and Menipaz 67). In addition, there is limit of vending of the secretly retained securities as a way of increasing funds. Law necessitates that all firms and people use adept and effective ways for increasing funds in line with the regulations and principles given. The rules as well offer all that stakeholders of a public joint corporation need to contribute for a measure of 7 to 20 percent of the firm shares for the corporation to be regarded as able to grow funds via issue of shares and other securities as such (Ibp, Inc 16). As expounded by the ministry of commerce, no organization is lawfully permitted to grow funds by public issuance of bonds or stocks if it is not listed, and so lack of certificate of registration from the same ministry. Spain utilizes an equal idea of that of security known as mortgages. This is a funding choice required by people or corporations in the pursuit to get a loan by means of real property as the security so as to acquire a loan. This monetary choice is regarded useful as there is a huge chance of repaying the loan to banks, and in case of default in payment, the bank or monetary institute that provided the loan can trade the property in an attempt to fully recover their funds.

Works Cited

Ibp, Inc. Bahrain Business Law Handbook Volume 1 Strategic Information and Basic Laws.          Manama: Int’l Business Publications, 2007. Print

International Monetary Fund. Kingdom of Bahrain: Financial System Stability Assessment,            including Reports on the Observance of Standards and Codes on the following topics, Banking Supervision, Insurance Supervision, Securities Regulation, and Anti-Money           Laundering and Combating the F. London: International Monetary Fund, 2006. Print

Menipaz, Ehud and Amit Menipaz. International Business: Theory and Practice. Chicago:            SAGE, 2011. Print

Oxford Business Group. The Report: Emerging Bahrain. New York: Oxford Business Group,      2007. Print

Sitkin, Alan and Nick Bowen. International Business: Challenges and Choices. New York:           Oxford University Press, 2013. Print

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