The Concept of Perpetual Existence in Business
Perpetual existence is a long-term business strategy that seeks to prevent companies from ceasing operations or dissolution. It can exist in both corporate and unincorporated businesses and can be either perpetual or limited to a prescribed term. It guarantees that the business will continue to exist until it is formally changed or dissolved, regardless of changes in ownership or control, legal or regulatory status, or financial position. This helps to protect both investors and stakeholders, as it lessens the potential for lawsuits or other disputes regarding ownership rights.
Benefits of Perpetual Existence for a Business
Perpetual existence has many advantages for businesses. It provides security and peace of mind for investors, shareholders, and creditors, and gives businesses an opportunity to retain their branding and identity over extended periods of time. Additionally, it can help businesses lose less time involved in legal filings, recruitment of professionals, and other administrative purposes. It also ensures continuity so that a business can maintain relationships with its customers, shareholders, and employees for many years. Furthermore, perpetual existence can help protect businesses against the potential implications of bankruptcy, as it provides a much longer-term assurance for business owners.
Business Structures and Perpetual Existence
Perpetual existence is available in various kinds of business structures, including corporations, limited partnerships, limited liability companies, and trusts. These entities have statutes in place that offer perpetual existence protections to shareholders, partners, members, and beneficiaries. Depending on the type of business structure, certain statutory powers may be granted to shareholders, directors, and officers to regulate, manage, and administer the entity. These powers help prevent a business from being dissolved or wound up unless certain formalities or processes are observed.
