Let us see how the stock company meets the demands for an improved
form of association which were imperative at this time. (1) It insures
permanence of operation. Individual stockholders or managers may die,
but the company does not die with them; their places are filled, and
the company continues with its original capital. (2) The contributor
does not, like a partner, need to be a business man; does not, like
a silent partner, need to have especial trust in the person of the
managers. The contributor may be a foreigner, a child, or a woman,
and the sources from which capital may be drawn are thus immensely
extended. (3) Capitalists of every class are willing to contribute to
the undertaking because of the peculiar safeguards which this form of
association offers to them. In the first place, though the investment
is permanent, from the standpoint of the company, and so enables the
management to carry out far-sighted plans, yet it endures, from the
standpoint of the individual subscriber, only so long as he pleases.
The system of transferable shares enables a stockholder to sell out
his interest at any time, and so change his investment. In the second
place, the stockholders have a voice in the management of the company
proportionate to their interest in it. They choose the persons to whom
they will entrust the active direction of affairs, require periodical
reports on the course of business from the managing directors, and have
the power to change the directors if the conduct of affairs is not
satisfactory.
=167. Good and bad sides of joint stock companies.=—The reader would
err if he assumed that all the advantages suggested above were secured
immediately on the founding of the first stock companies. Experiments
of various kinds were tried at the start, and only gradually did the
companies take the form which they have assumed in modern law. The
English East India Company, for instance, which was founded in 1600
as a regulated company, was made over into a joint stock company by
degrees, and could not be regarded as permanently established on this
basis for over fifty years. Generations of bitter experience were
required to teach people the possible dangers as well as the possible
benefits of this form of association.
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