A company is a legal person that has a separate legal entity from its owners. Companies could be either private or public, depending on their modes of formation and operation. The formation of companies follows well-defined legislation in order to ensure that all the companies formed are in line with the legal requirements of the country. In the process of registration, the new company must comply with the legislation relating to the consideration of disabled people and gender balance in their operations. More so, the company must comply with the health, safety, and data protection in its environment of operation. The observance of these rules would facilitate successful formation of the company and effective operations.
This essay explicates the legislation involved in the process of forming a company.
The fulfillment of the employment legislation is significant in the process of starting up a new company. Cahn & Donald (2010) point out that the owners of the new company should communicate their employment policies to the Registrar of Companies through their representatives. They must state their positions, relating to the employment policies, relating to the disabled individuals in society and effective gender balance. In the United Kingdom, the law asserts that every individual has the right be employed in any company around the country and work without victimization. Therefore, a new company coming that is being introduced in the market must consider the employment of the disabled. This will indicate its commitment to safeguarding the welfare of all individuals in society. Furthermore, the law requires equality in the employability of both men and women. There should be no gender discrimination at the workplace due to the ignorance of the company. All genders should be given the equal opportunity of prosperity in the working environment. The government has formulated these legislations with the objective of protecting those individuals that are undermined in society. It aims at giving each individual the opportunity to display his potential in the job market through performing allocated duties in companies. All the companies aspiring to be formed into recognized companies must effectively adhere to the government employment legislation that upholds equality at all instances.
Health and safety legislations are also significant considerations in the process of starting up a company. This legislation asserts that it is the responsibility of the company to ensure that health and safety standards within society are observed, maintained, and even improved according to the requirements. Therefore, any new company, wishing to get into the market, must be aware that the environment is a key to successful operations and must effectively guard it. The legislation emphasizes on a clean environment and forbids companies against engaging in acts that are perceived to pollute the environment. For instance, companies are not supposed to dump their wastes in undesignated places. They must always ensure that they dump their wastes in ways that would ensure effective protection of the environment. This means that in the process of forming a company, the owners must assert their willingness for social responsibility, and environmental protection. They must assert their position relating to the protection of the existing health and safety standards in society. Any new company, wishing to enter the market, must comply with the provisions that emphasize on giving back to the community in terms of ensuring that the environment and other significant resources are preserved effectively. This legislation is aimed at protecting the environment and ensuring that all companies participate in social responsibility that emphasize on giving back to the community.
Data protection refers to the safeguarding of vital information from unauthorized individuals. In the United Kingdom, a startup of a company must effectively comply with the data protection requirements before being registered fully and issued the certificates of incorporation. It must prove that it has effective systems that would ensure that security of its data in the course of operation. Silkenat, Aresty, & Klosek (2009) note, that the security of data is extremely significant because it helps in the prevention of vital information against loss. Therefore, a company would only be incorporated in the United Kingdom in case it is able to prove that it has the appropriate technical mechanisms to guard its data. The protection of data ensures that there is effective flow of information between the external and internal environment of the company. The legislation on data security ensures that a Company operates effectively in the environment with the use of the guarded information that is not accessible to possible enemies and competitors.
In conclusion, a company is a legal person that has a separate legal entity with its owners. The aspect of separate legal entity with the owners indicates the fact that a company is a going concern as is not affected by the existence of its owners. The formation of a company involves the observation of various significant legislations. These legislations are a guiding factor in ensuring that the companies that are formed are able to survive and operate effectively in the market. For instance, a company that wishes to be formed in the United Kingdom must comply effectively with employment legislation in respect with the disabled and gender. It must offer equal opportunities to all individuals, applying for jobs, without considering their physical nature or gender. More so, a company that is being formed must ensure that health and safety legislations are observed through the protection of the environment. Effective improvements could also be adopted in order to improve the environment, in which the company operates. A company that is being formed must also ensure that there are effective systems of data protection within its environment.