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"Public body" redirects here. For other uses, see Public body (disambiguation).

A statutory corporation is a corporation created by statute. Their precise nature varies by jurisdiction thus they might be ordinary companies/corporations owned by a government with or without other shareholders, or they might be a body without shareholders which is controlled by national or sub-national government to the (in some cases minimal) extent provided for in the creating legislation.

Bodies described in the English language as "statutory corporations" exist in the following countries in accordance with the associated descriptions (where provided).

Australia[edit]

In Australia, statutory corporations are created by Acts of state or federal parliaments. Current statutory corporations include Australia Post, Airservices Australia, the Australian Rail Track Corporation and the Australian Egg Corporation. The purpose of their separation from normal government operations is to ensure profitability, and in theory, independence of decision making from the state or national government (to ensure that decisions are made on a commercial basis with less or no political interference.)

As statutory corporations, their regulatory and business conditions may be significantly different from private-sector companies. An example of this in Australia is the regulatory conditions placed on the national communications company Telstra.

A significant number of the statutory corporations are private commercial operations, a number of which have been privatised, in part or in whole, since the 1980s: these have included the national airline Qantas, Telstra (also previously known as Telecom Australia), and the Commonwealth Bank of Australia.

Germany[edit]

The Körperschaft des öffentlichen Rechts (KdöR) is a statutory corporation of Germany. An example of a statutory corporation is a "Kassenärztliche Vereinigung", a body involved in the provision of out-patient medical services in a German state. The established Christian churches, the Jewish communities and the public broadcasters in Germany are other prominent examples.

Hong Kong[edit]

In Hong Kong some corporations are incorporated by legislation. An example is the Kowloon-Canton Railway Corporation, which owns the railway network and previously also an operator. The MTR Corporation Limited was also such a company, then named as Mass Transit Railway Corporation. Other examples include the former Land Development Corporation, and the Industrial Estates Corporation.

India[edit]

Statutory corporation are public enterprises into existence by a Special Act of the Parliament. The Act defines its powers and functions, rules and regulations governing its employees and its relationship with government departments.

This is a corporate body created by the legislature with defined powers and functions and is financially independent with a clear control over a specified area or a particular type of commercial activity. It is a corporate person and has the capacity of acting in its own name. Statutory corporations therefore have the power of the government and considerable amount of operating flexibility of private enterprises. Few are

  • Airports Authority of India (www.aai.aero/)
  • Damodar Valley corporation (www.dvcindia.org/)
  • National Highways Authority of India (www.nhai.org/)
  • Central Warehousing Corporation (cewacor.nic.in/)
  • Inland Waterways Authority of India (www.iwai.gov.in/)
  • Food Corporation of India (fciweb.nic.in/)
  • National Human Rights Commission (www.nhrc.nic.in/)

Features: 1)Generally financed by the central or state government. 2)May borrow funds from the public and govt. organisation through statutory sources. 3)they have separate legal entity. 4)they has to frame their own policies & procedures within the scope of state legislature. 5)providing better services to public & make adequate profit. 6)they autonomous in their functioning thus they enjoy operation flexibility. 7)they can recruit & appoint their employee with their service condition, since they are corporate body. 8)they have to follow the special statute strictly. 9)there is less government interference in matters of the corporation. 10)there is limited liability of the members of the corporation.

Ireland[edit]

In Ireland, a statutory corporation is a body corporate, which is created under a particular Act of the Oireachtas, which is expected to operate as if it were a commercial company (with or without a subsidy from the Exchequer, depending on whether or not it would make a profit without one). Such bodies do not have shareholders, but are typically boards appointed by a sponsor minister. The provisions of the Companies' Acts do not typically directly apply to such bodies, although their founding legislation may specify similar requirements. As they are not formally companies they do not make a profit or loss, but rather a surplus or deficit.

The statutory corporation format was usually the form most state-sponsored bodies of the Republic of Ireland took until recent years, however usual policy today is that a private limited company by shares or public limited company incorporated under the Companies' Acts is set up instead, with the relevant Minister holding 100% of the issued share capital. Nonetheless as of 2007 several prominent statutory corporations continue to exist, such as Radio Telefís Éireann, the Electricity Supply Board, and Bord Gáis Éireann

Netherlands[edit]

In the Netherlands, the term "public body" is the general denomination for administrative divisions within the Dutch state or certain other types of governmental organisations.

United Kingdom[edit]

In the United Kingdom, a statutory corporation is a corporate body created by statute. It typically has no shareholders and its powers are defined by the Act of Parliament which creates it, and may be modified by later legislation. Such bodies were often created to provide public services, examples including British Railways, the National Coal Board and the Post Office Corporation. Other examples include the county councils, the National Assembly for Wales,[1] Channel Four Television Corporation and the Olympic Delivery Authority.[2] The phrase is not used to describe a company which operates as a conventional shareholder-owned company registered under the Companies Acts.

See also
  • A non-departmental public body is a classification to certain types of public bodies.
    • Quango (Quasi-autonomous-non-governmental organisation) is a commonly used acronym to refer to a non-departmental public body.
  • The Scottish public bodies is used to indicate all Quango's and other organisations in Scotland.

N.B. An entity described by the undefined term public body is not inevitably a statutory corporation.

United States[edit]

At the state level, municipal corporations and counties are often created by legislative acts. Some organizations such as a transit district or special purpose corporations such as a university, are also created by statute. In some states, a city or county can be created by petition of a certain number or percentage of voters or landholders of the affected area, which then causes a municipal corporation to be chartered as a result of compliance with the appropriate law. Corporations to be established for most other purposes are usually just incorporated as any other non-profit corporation, by filing the paperwork with the appropriate agency as part of the formation of the entity.

At the Federal level, a small number of corporations are created by Congress. Prior to the District of Columbia being granted the ability to issue corporate charters in the late 19th century, corporations operating in the District required a congressional charter. With limited exceptions, most corporations created by Congress are not federally chartered, but are simply created as District of Columbia corporations as a result of the enabling law.[citation needed]

There are a number of federally chartered corporations that still exist, some relatively famous ones include the Boy Scouts of America, each of the Federal Reserve Banks, and the Federal Deposit Insurance Corporation. The basic advantage for being federally chartered is that no other corporation anywhere in the United States is allowed to have the same name.

References[edit]

See also[edit]


Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Statutory_corporation — Please support Wikipedia.
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7 news items

The Express Tribune

The Express Tribune
Fri, 05 Sep 2014 01:14:47 -0700

The Peshawar High Court has restrained the federal government from proceeding any further on advertisements looking to lease out properties of the Pakistan Tourism Development Corporation (PTDC). The bench of Justice Nisar Hussain Khan and Justice ...
 
East African Business Week
Sun, 31 Aug 2014 16:15:00 -0700

Under the terms of the Joint Venture Agreement, IETL owns 70% of Tancoal and NDC own 30%. IETL is owned by Intra Energy Corporation and NDC is a statutory corporation, established by an Act of the Tanzanian Parliament in 1962, to identify and develop ...
 
AllAfrica.com
Sun, 24 Aug 2014 16:03:45 -0700

The self-sustaining government owned statutory Corporation has not only stood firm on the ladder of revenue generation, and reaching the peak of the rungs, at 30 ; OPIC is beaming smile of great promises to all and sundry. Its core objectives and ...

Economic Times

Deccan Chronicle
Sun, 31 Aug 2014 00:02:35 -0700

Sources said that after inclusion of the preference share capital, government's shareholding is around 47.93 per cent. IFCI or the Industrial Finance Corporation of India was set up in July 1948. In 1993, the entity was changed from a statutory ...

The Guardian

The Guardian
Sat, 23 Aug 2014 21:45:25 -0700

The collapse of Railtrack in 2001 after the Hatfield disaster forced the creation of Network Rail, a not-for-dividend statutory corporation limited by guarantee, an elaborate organisational con to avoid the dread words "public company" and ...

Sydney Morning Herald

Sydney Morning Herald
Sat, 30 Aug 2014 08:34:21 -0700

Mrs Hooke previously worked in a large city law firm and had experience on statutory corporation boards and a not-for-profit school board. She bought a weekender property at Gloucester 15 years ago, and became interested in sustainable agriculture and ...
 
Nigerian Tribune
Wed, 27 Aug 2014 16:00:11 -0700

... on Lagos – Ibadan Express way. The self-sustaining government-owned statutory corporation has not only stood firm on the ladder of revenue generation, and reaching the peak of the rungs at 30, OPIC is beaming smiles of great promises to all and sundry.
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