C law


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C law

  1. 1. EXECUTIVE PROGRAMME COMPANY LAW C O N T E N T S STUDY I INTRODUCTION Company as a Business Medium Company—Its Meaning Company—Its Nature and Characteristics Brief History of Company Law in India and England Background of English Company Law Development of Indian Company Law Amendment by MRTP Act Amendments made to the Companies Act by the Depositories Act, 1996 The Companies (Amendment) Act, 1999—Salient Features The Companies (Amendment) Act, 2000—Salient Features The Companies (Amendment) Act, 2002 and Companies (Second Amendment) Act, 2002—Salient Features The Companies (Amendment) Act, 2006 Nature, Form and Types of Business Enterprises Non-Corporate Form of Business Enterprises Corporate Form of Business Enterprises Company as Distinguished from Other Business Enterprises Distinction between Company and Partnership Distinction between Company and Hindu Joint Family Business Distinction between Company and Corporation Advantages of Corporate Form of Enterprise Disadvantages of Corporate Form of Enterprise Concept of Corporate Personality Lifting or Piercing the Corporate Veil Statutory Recognition of Lifting of Corporate Veil Lifting of Corporate Veil under Judicial Interpretation Lifting the Corporate Veil of Small Scale Industry Use of Corporate Veil for Hiding Criminal Activities Personal Liability of Directors or Members Illegal Association Nature of Corporateness Company as Person Nationality and Residence of a Company
  2. 2. Company as a Citizen LESSON ROUND-UP SELF-TEST QUESTIONS STUDY II INCORPORATION AND ITS CONSEQUENCES-I TYPES OF COMPANIES Introduction Private Company Privileges and Exemptions of Private Company Special Obligations of a Private Company Consequences of Infringement of the Articles of Private Companies Public Company Limited Company Companies Limited by Shares Companies Limited by Guarantee Unlimited Company Association not for Profit Government Companies Audit in Government Companies Foreign Companies Holding and Subsidiary Companies Determination of Holding-subsidiary relationship and shareholding Investment Companies Producer Companies Finance Companies Public Financial Institutions A Brief Study of Statutory Corporations A Brief History of Growth of Statutory Corporations in India Principal Characteristics of Statutory Corporations What Corporations are ―State‖ Chartered Companies in the U.K. LESSON ROUND-UP SELF TEST QUESTIONS
  3. 3. STUDY III INCORPORATION AND ITS CONSEQUENCES-II PROMOTERS AND FORMATION OF COMPANIES A. PROMOTERS Definition Promoter‘s contract - Ratification thereof Legal Position of a Promoter Duties of a Promoter Promoter‘s Duties under the Indian Contract Act Termination of Promoters‘ Duties Remedies available to the Company against the Promoter Liabilities of Promoters Remuneration of Promoters B. FORMATION OF COMPANIES Important Steps Types of Company Application for Availability of Name of Company The Emblems and Names (Prevention of Improper Use) Act, 1950 Guiding Instructions for Deciding Availability of Names for Registration under the Companies Act, 1956 Circu