What is the difference between a company limited by guarantee and an incorporated trustee? 

What is the difference between a company limited by guarantee and an incorporated trustee? 

April 01, 2019

A company limited by guarantee and an incorporated trustee are usually established for the purpose of promoting an objective.

The major difference between the two is COMMERCE.

Although both a company limited by guarantee and an incorporated trustee are non-profit entities. A company limited by guarantee can make profit provided such profit is solely used for the advancement of its objectives. This means that a company limited by guarantee can go into commerce (business) but the restriction is that the profit gotten will only be for the promotion of its objective.

 In a company limited by guarantee, the guarantor’s financial liability is limited only to the amount that they guarantee in the company as against incorporated trustees who can be used in their individual capacity as trustees.

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    A company’s first Annual Returns are due for filing after 18 months of its inception, subsequently it should be filed annually as the name implies. The filing dates could differ for each company depending on their financial year end but must be filed not later than 42 days after its Annual General Meeting.

    The Annual Returns for Business Names is due not later than the 30th of June each year except in the year the business was registered.

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    • A limited liability company on the other hand is a separate business entity from the individuals that hold its shares and act as directors. Legally, it’s a separate business entity and a person on its own who can transact business, own property separate from its owners and can sue or be sued. 

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  • What’s the difference between a business name and an LLC?
    • A business name is a sole proprietorship, usually owned and managed by one individual only. Legally, the sole proprietor and his business are one. It simply means an individual trading with an alias. The sole proprietor is personally liable for all business related obligations.

    • A limited liability company on the other hand is a separate business entity from the individuals that hold its shares and act as directors. Legally, it’s a separate business entity and a person on its own who can transact business, own property separate from its owners and can sue or be sued. 

  • What is a trademark?

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