Professional Documents
Culture Documents
1.meaning and Defination Company
1.meaning and Defination Company
1.meaning and Defination Company
CO-3 The students will be able to sketch the documents required for registration of a
company and its prospectus.
CO-4 The students will be able to connect and relate different doctrines of the subject and
illustrate the same.
CO-5 The students will be able to judge ,criticize and defend the working of any company
according to company laws
2
GENERAL DEFINITION OF A COMPANY
3
LEGAL DEFINITION OF COMPANY
• Definition under Section 2 (20)Company act 2013
COMPANY
Association of person
4
OTHER DEFINTION OF COMPANY
According to Justice Lindley-:
COMPANY
5
ADVANTAGES OF INCORPORATION
Features of a Company
SEPRATE LEAGAL ENTITY
COMMON SEAL
PERPETUAL SUCCESSION
LIMITED LIABILITY
TRANSFERABILITY OF SHARES
SEPRATE PROPERTY
CAPACITY TO SUE AND TO BE SUED
6
Difference between company and partnership
company & Partnership distinguished On the basis of ………
Registration
Separate legal entity
Right on property
Liability
Transferability of shares
Perpetual succession
7
KINDS OF COMPANY
8
Formation of a Company
NOTE-: WE CAN FORM COMPANY FOR ANY LAWFUL OBJECT
SECTION 3
REQUIREMENT OF PERSONS
IN PUBLIC COMPANY 7 MIN.PERSONS ARE REQUIRED
IN PRIVATE COMPANY 2 MIN. MEMEBERS ARE REQUIRED
IN ONE PERSON COMPANYV1 MIN. PERSON IS REQUIRED
REQUIREMENTS OF DOCUMENTS
MOA ( SECTION 4)
AOA (SECTION 5)
OTHER 9
KINDS OF COMPANIES
10
Definitions under company act,2013
• Section2(6) ―associate company‖, in relation to another company,
means a company in which that other company has a significant
influence, but which is not a subsidiary company of the company
having such influence and includes a joint venture company.
Explanation.—For the purposes of this clause, ―significant influence‖
means control of at least twenty per cent. of total share capital, or of
business decisions under an agreement;
11
Definition
• Section2(21) ―company limited by guarantee‖ means a company
having the liability of its members limited by the memorandum to
such amount as the members may respectively undertake to
contribute to the assets of the company in the event of its being
wound up;
• Section2(22) ―company limited by shares‖
• means a company having the liability of its members limited by the
memorandum to the amount, if any, unpaid on the shares
respectively held by them;
12
Definition
• Section2(42) ―foreign company‖ means any company or body
corporate incorporated outside India which—
• (a) has a place of business in India whether by itself or through an
agent, physically or through electronic mode; and
• (b) conducts any business activity in India in any other manner.
• Section2(46) ―holding company‖, in relation to one or more other
companies, means a company of which such companies are
subsidiary companies;
13
Definition
• Section2(45) ―Government company‖
• any company in which not less than fifty-one per cent. of the paid-up
share capital is held by the Central Government, or by any State
Government or Governments, or partly by the Central Government
and partly by one or more State Governments, and includes a
company which is a subsidiary company of such a Government
company;
14
Definition
• Section2(52) ―listed company‖ means a company which has any of
its securities listed on any recognised stock exchange;
• Section2(62) ―One Person Company‖ means a company which has
only one person as a member
• Section2(71) ―public company‖ means a company which— (a) is not
a private company; (b) has a minimum paid-up share capital 1 *** as
may be prescribed: Provided that a company which is a subsidiary of a
company, not being a private company, shall be deemed to be public
company for the purposes of this Act even where such subsidiary
company continues to be a private company in its articles ;
15
SUMMARY
Company is an association of person, having perpetual succession ,
with separate property, and transferable share
after incorporation of the company company become a legal person
in the eyes of law.
After registration of the company get some advantages like can sue,
be sued ,legal person, separate property etc.
Generally we can form a company for any lawful object.
According to company act we can form public company, private
company and one person company.
16
REFERENCE
Text Books
17
THANK YOU
For queries
Email: sumitactor28@gmail.com