3 companies act

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  • 7/25/2019 3 Companies Act

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    Companies act 1956

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    DefnitionCompanies act defnes as A company

    ormed and registered under this act or anexisting company

    An Existing company means a companyormed and registered under any o theormer companies act.

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    Characteristics o a Company

    Incorporated AssociationArtifcial Person

    Separate Legal Entity

    Limited Liaility

    Perpetual Existence

    Common Seal

    Capacity to Sue

    Separate Property!ranseraility o Shares

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    Classifcation o CompaniesOn the basis of Incorporation"1)Chartered Companies"#Special charter granted y !he $ing or

    %ueen eg. East India Company

    2)Statutory Companies"#Companies ormed y special act oParliament eg. &eser'e (an) o India

    3)Registered Companies"#Companies *hich are incorporatedunder companies act +,-

    On the basis of Liability

    +) Limited Companies" Liaility is limited to the extent o a ace'alue o a share held y them

    2)Unlimited Companies"#any / or more persons 01or more in p't

    company2e'ery memer is liale or the dets o the company

    3)Guarantee Companies"#Liaility o the memer is limited to afxed amount *hich memer contriutes to the asset o thecompany in case o its *inding up

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    Ctd.On the basis of Control"#

    1)Holding Company 3o another company i it has controlo'er that other company

    2)Subsidiary Company"#Control is exercised y the latter

    Controlling the composition o oard o directors 4olding o ma5ority o shares

    Susidiary o another susidiary.

    On the basis of Ownership

    1)Government Company #atleast -+6 o the paid#up sharecapital is held y the go'ernment or central go't .

    2)Foreign Company #any company incorporated outsideIndia *hich has a place o usiness in India

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    Ctd.

    On the basis of Members "#

    1)rivate Company#one *hich y Article oAssociation

    &estricts the right o the memer to transer shares

    Limits the numer o memers to -7 excluding pastor present employees

    Prohiits any in'itation to the pulic to suscrieor its shares or Deentures.

    2)ubli! Company#company *hich is not a pri'atecompany

    8ice#'ersa