ContractsCounsel Logo

Common Stock vs. Preferred Stock

Updated: November 2, 2023
Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 10,653 reviews
No Upfront Payment Required, Pay Only If You Hire.
Home Blog Common Stock vs. Preferred Stock

Jump to Section

Common Stock vs. Preferred Stock: What Are the Differences?

There are a number of differences when it comes to common stock vs. preferred stock. Some of these include:

  • Voting Rights. Preferred stock typically does not offer voting rights.
  • Preferred Stock Dividends. Preferred stock offers a dividend yield of a set dollar amount of a dividend that is divided by the price of the stock.
  • No Dividends. Common stock often pays no dividends or pays variable dividends.
  • Valuation. Preferred stock value is inversely related to interest rates while common stock value is related to supply and demand.
  • Higher Claim. Preferred stock has a higher claim to assets and earnings in a liquidation.
  • Higher Dividends. Preferred stock usually receives higher dividends than common stocks.
  • Priority. Preferred stock has priority If dividend payments are missed and need to be repaid.
  • Callability. Preferred stock offers callability for the issuer.
  • Claim on Profit. Common stock comes with a claim on profits and voting rights.
  • Long Term Gains. Common stock tends to perform and provide the biggest potential for long-term gains compared to preferred or bonds.

These differences are the reason that some opt for preferred stock over common stock when given the option. However, not all companies issue preferred stock or allow their shareholders the option of choosing between the two types of stock.

Both types of stock differ from a convertible note, which is a type of debt where the purchaser can sell the stock either back to the company or to another individual/company at any time.

Here is an article about the differences between common stock and preferred stock.

What is Common Stock?

Common stock is a share of equity ownership in a particular corporation. This stock is the type that most people choose to invest in. When an individual refers to owning, buying, or selling stocks they are generally speaking about common stock.

This is the predominant way that stocks are issued. For most people it is the only form of stock that they will be eligible to purchase.

The purchase of common stocks, with a stockholders agreement or SAFE agreement includes a claim on profits as well as affording voting rights toward electing board members for the corporation. Through this election process common stockholders are granted some rights toward corporate decisions.

Those who hold common stock may or may not receive dividends on their shares. If they do receive dividends they are based on the discretion of the board of directors and are issued only after preferred stockholders have gotten their share of profits.

Here is an article about what common stock is.

What is Preferred Stock?

Preferred stock is a share in a company that then offers stockholders fixed dividends. These fixed dividends are one of the primary reasons that many people opt for this stock when given the choice in a stock purchase agreement. The dividends for this type of stock are issued before dividends for common stockholders.

This stock type is not available for all companies and is offered in smaller quantities. It offers priority over common stock in regards to payments from the company. The shareholders agreement will specify the exact rights and responsibilities. It will also include information about fiduciary duty.

Preferred stockholders do not have voting rights and have no ability or say in regards to policy decisions, board elections, or other company decisions in the way that common stockholders do. However, the advantages of dividends and priority are often enough for potential investors.

Here is an article about what preferred stock is.

Examples of Preferred Stock

There are many preferred stocks currently in the market, however some of these include:

  • Arlington Asset 7.00% Series B Cumulative Preferred Stock
  • Ashford Hospitality Trust Inc. 8.45% Series D Cumulative Preferred Stock
  • Hartford Financial Services ADRs of 6.000% Non-Cumulative Preferred Series G
  • Annaly Capital 6.95% Series F Fixed-to-Floating Rate Cumulative Preferred
  • Regions Financial ADRs of 5.700% Fixed-to-Floating Rate Non-Cumulative Preferred Series C
  • Skylight Health Group Inc. 9.25% Series A Cumulative Redeemable Perpetual Preferred
  • S. Bancorp ADRs of 5.5% Series K Non-Cumulative Preferred Stock
  • Wintrust Financial Fixed-to-Floating Rate Non-Cumulative Preferred Series D
  • Brookfield Property Partners L.P. 6.375% Class A Cumulative Preferred Units, Series 2
  • Pacific Gas & Electric Co. 5% 1 st Preferred Stock

These are only a small sampling of the many preferred stocks that are currently available. In total, there are 575 registered preferred stocks currently available on the U.S. stock market. These stocks offer differing percentage returns and liquidation values as with common stocks.

These preferred stocks also offer dividend payouts and priority in the event of a bankruptcy over what is available for common stockholders. In general, these types of stocks are considered less of a risk than common stock because shareholders receive payouts on a regular schedule and have a claim to any money that is available if the company goes entirely bankrupt.

Here is an article with some examples of preferred stock.

Meet some lawyers on our platform

Benjamin W.

79 projects on CC
CC verified
View Profile

Daehoon P.

195 projects on CC
CC verified
View Profile

Zachary J.

350 projects on CC
CC verified
View Profile

Daniel K.

8 projects on CC
CC verified
View Profile

How Stock Classes Work

Stock classes, or share classes, are specific designations that are given to securities for a company. These designations can be applied to common stocks, preferred stocks, and mutual fund units as well. Typically, they are applied as alphabetic markers.

Stocks may be designated as Class A or Class B, offering different rights and/or privileges along with the classification.

These stocks are classified based on the type of rights that are offered to the shareholder. As an example, a private company that is in the process of going public decides to offer two different classifications of stock. One offers increased voting rights over the other. This creates two different tiers or power structures.

Classes can be used for public companies (those that are already offering stocks) and for private companies (those that are about to go public for the first time). They can also be used for mutual fund shares and others.

The company gets to decide which type of stocks they are going to offer and whether they are going to offer different classifications in the process or only a single classification. Not all companies choose to have class A and B stocks, for example.

Here is an article about classes for stocks and some of the different options.

Is Preferred Stock Safer Than Common Stock?

The short answer is that preferred stock is often safer than common stock, offering a bit more security but there are still risks involved. A preferred stock offers higher priority, which is where the protection comes in. They are the first to get:

  • Dividend payments
  • Liquidation payouts
  • Value increases or decreases based on interest rates

These aspects of preferred stock make it safer than common stock because the payouts come earlier. Those who have common stock may not get dividend payments at all, or if they do those payments are variable, lower, and come after preferred stockholders have gotten theirs.

On the other hand, preferred stock is not as safe as bonds. With bonds, there is a stronger guarantee regarding payouts for dividends, repurchase, and liquidation. Bond holders will always get their money first but as a result they get lower interest.

Post a project on ContractsCounsel’s marketplace to get flat fee quotes from lawyers to draft and review contracts. All lawyers are vetted by our team and peer-reviewed by our customers for you to explore before hiring.

Need help with a Stock Purchase Agreement?

Create a free project posting

Meet some of our Lawyers

Jeremiah C. on ContractsCounsel
View Jeremiah
5.0 (42)
Member Since:
March 5, 2021

Jeremiah C.

Partner/Attorney at Law
Free Consultation
Houston
16 Yrs Experience
Licensed in NV, TX
Thomas Jefferson

Creative, results driven business & technology executive with 24 years of experience (15+ as a business/corporate lawyer). A problem solver with a passion for business, technology, and law. I bring a thorough understanding of the intersection of the law and business needs to any endeavor, having founded multiple startups myself with successful exits. I provide professional business and legal consulting. Throughout my career I've represented a number large corporations (including some of the top Fortune 500 companies) but the vast majority of my clients these days are startups and small businesses. Having represented hundreds of successful crowdfunded startups, I'm one of the most well known attorneys for startups seeking CF funds. I hold a Juris Doctor degree with a focus on Business/Corporate Law, a Master of Business Administration degree in Entrepreneurship, A Master of Education degree and dual Bachelor of Science degrees. I look forward to working with any parties that have a need for my skill sets.

Bryan B. on ContractsCounsel
View Bryan
4.8 (138)
Member Since:
October 1, 2020
Thomas S. on ContractsCounsel
View Thomas
5.0 (8)
Member Since:
August 11, 2023

Thomas S.

Attorney
Free Consultation
Boulder, Colorado
29 Yrs Experience
Licensed in CO, NY
University of Colorado

28+ years experience. Licensed in Colorado and New York. Areas of expertise: estate planning, wills and trusts; trademark law; patent law; contracts and licensing; small business organization and counseling.

David L. on ContractsCounsel
View David
5.0 (2)
Member Since:
July 11, 2023
Meagan K. on ContractsCounsel
View Meagan
Member Since:
May 23, 2023

Meagan K.

Attorney
Free Consultation
Charlottesville, Virginia
10 Yrs Experience
Licensed in VA
George Mason University School of Law

Meagan Kirchner has nearly a decade of experience in Immigration law. She has significant experience working on H-2B immigration matters. Her practice also focuses on business immigration, particularly representing corporate clients pursuing H, E3, TN, O, and L nonimmigrant classifications, as well as lawful permanent residence (EB-1A, NIW, EB-1C). Meagan has represented clients in a variety of industries including agriculture, hospitality, healthcare, IT, engineering, and finance. Meagan has a Bachelor of Science degree in Business from George Mason University and a Juris Doctor degree from the George Mason University School of Law. She is licensed to practice law in Virginia and is also a member of the American Immigration Lawyers Association (AILA).

Barbara M. on ContractsCounsel
View Barbara
Member Since:
May 23, 2023

Barbara M.

Attorney/Owner
Free Consultation
Massachusetts
33 Yrs Experience
Licensed in MA, NY
Albany Law School

In 1991, Barbara Markessinis graduated cum laude from Albany Law School in Albany, New York. Shortly thereafter, Barbara was admitted to practice in New York State and in the United States District Court for the Northern District of New York. In 1997, Barbara was admitted to practice in Massachusetts and in April of 2009 she was admitted to the United States District Court for the District of Massachusetts. After graduating from law school, Barbara worked in private practice in the Albany, New York area and for Sneeringer, Monahan, Provost & Redgrave Title Agency, Inc. before joining the New York State Division for Youth and the New York State Attorney General's Real Property Bureau as a Senior Attorney. During her tenure with the Division for Youth, Attorney Markessinis found herself in Manhattan Family Court in front of Judge Judy! A career highlight for sure! After admission to the Massachusetts Bar, Barbara returned to private practice in the Berkshires and eventually started her own firm in June of 2006. Attorney Markessinis offers legal services in elder law, estate planning and administration/probate, family law, limited assistance representation (LAR), real estate and landlord tenant disputes. In 2016, after a family member found themselves in need of long term care, Attorney Markessinis’ launched her elder law practice. Through this experience, Attorney Markessinis discovered that the process of selecting a long term care facility and/or caregiver, applying for MassHealth and preserving an applicant’s assets are serious issues faced by many people every day. This area of the law is Barbara’s passion and she offers her legal services to families who find themselves in need of an elder law attorney. Attorney Markessinis is part of the Volunteer Legal Clinic in the Berkshire Probate & Family Court and has provided limited free legal services to patients and families at Moments House cancer support center in Pittsfield. She currently serves as a Hearing Committee Member for the MA Board of Bar Overseers and is a member of the Berkshire County and Massachusetts Bar Associations, Berkshire County Estate Planning Council (BCEPC). Attorney Markessinis is also the host of WUPE Talks Law. She also serves on the Town of Hancock Zoning Board of Appeals and Planning Board.

Find the best lawyer for your project

Browse Lawyers Now

Need help with a Stock Purchase Agreement?

Create a free project posting
CONTRACT LAWYERS BY TOP CITIES
See All Business Lawyers
Learn About Contracts
See More Contracts
other helpful articles

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Stock Purchase Agreement?

Create a free project posting

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city