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COMPANY AND
COOPERATIVES
COMPANY
 MEANING OF A COMPANY
 A COMPANY IS AN ARTIFICIAL PERSON CREATED BY THE LAW.
 IT IS A VOLUNTARY ASSOCIATION OF INDIVIDUALS FOR PROFITS
 A company, abbreviated co., is a legal entity made up of an association of people, be they natural,
legal, or a mixture of both, for carrying on a commercial or industrial enterprise.
DEFINITION
 According to Prof. L.H. Haney, “Company is an artificial person created by law
having separated entity with a perpetual succession and common seal”
 According to Justice Lindley a company means association of persons who
contribute in shape of money or money’s worth to a common stock and employ it
for some specific purpose.
 An organization of individuals conducting a commercial or industrial enterprise. A
corporation, partnership, association, or joint stock company
CLASSIFICATION OF COMPANY
CLASSIFICATION (CONT.)
 INCORPORATED COMPANIES : THESE ARE THE ASSOCIATIONS OF
THE PERSONS WHO CONTRIBUTE MONEY TO A COMMON STOCK
KNOWN AS CAPITAL OF THE COMPANY. THEY HAVE EXISTENCE
INDEPENDENT OF THEIR MEMBERS.
 UNINCORPORATED COMPANIES : THESE ARE THE MERE COLLECTION
OF THE PERSONS WHO HAVE AGREED TO JOIN IN PARTNERSHIP TO
RUN A BUSINESS AND SHARE THE PROFITS.
 CHARTERED COMPANIES : A chartered company is an association
formed by investors or shareholders for the purpose of trade,
exploration, and colonization.
CLASSIFICATION (CONT.)
 STATUTORY COMPANY : A COMPANY MAY BE
INCORPORATED BY MEANS OF A SPECIAL ACT OF THE
PARLIAMENT OR A ANY STATE LEGISLATURE. SUCH
COMPANIES ARE CALLED STATUTORY COMPANIES. SUCH
COMPANIES ARE GENERALLY FORMED TO CARRY OUT
SOME SPECIAL PUBLE UNDERTAKINGS.
 REGISTERED COMPANIES : COMPANIES ARE REGISTERED
UNDER COMPANIES ACT,1956,OR EARLIER COMPANIES ACT
ARE CALLED REGISTERED COMPANIES. SUCH COMPANIES
CAME INTO EXISTENCE WHEN THEY ARE REGISTERED
UNDER COMPANIES ACT.
CLASSIFICATION (CONT.)
 GOVERNMENT COMPANIES : IT IS A COMPANY OF WHICH
51% OR MORE EQUITY SHARE CAPITAL IS HELD BY
GOVERNMENT. REST OF THE SHARES CAN BE HELD BY
PRIVATE INDIVIDUALS OR BUSINESSMEN.
 FOREIGN COMPANIES : ITS IS INCORPORATED OUTSIDE
INDIA BUT HAS A PLACE OF BUSINESS IN INDIA. SOME
POPULAR MNC’S OPERATING IN INDIA ARE COCA
COLA(USA),SONY(JAPAN),ETC.
REGULATING ACT
 PARTNERHIP FIRM COMPANY
 INDIAN PARNERSHIP ACT, COMPANIES ACT,
 1932 1956
NUMBER OF MEMBERS
 PARTNERSHIP FIRM COMPANY
 MINIMUM-2 PRIVATE COMPANY :
 MAXIMUM-20 IN ODINARY BUSINESS MINIMUM-2 , MAXIMUM-50
& 10 IN BANKING BUSINESS. PUBLIC COMPANY :
NUMBER OF SHARES DIVIDED
BY LOT OF MINIMUM NUMBER OF
SHARES.
SEPARATE ENTITY
 PARTNERSHIP FIRM COMPANY
 NO SEPARATE LEGAL ENTITY FROM SEPARATE LEGAL ENTITY FROM
THAT OF ITS PARTNERS. THAT OF ITS MEMBERS.
TRANSFER OF INTEREST
 PARTNERSHIP FIRM COMPANY
 NOT POSSIBLE WITHOUT THE CONSENTS FREELY TRANSFERABLE EXCEPT IN
OF ALL PARTNERS. CASE OF PRIVATE COMPANY.
FINANCIAL RESOURCES
 PARTNERSHIP FIRM COMPANY
 CAN RAISE LIMITED RESOURCES. CAN RAISE LARGE FINANCIAL
RESOURCES
DEFINITION
Cooperatives
 Are primarily controlled by a board of directors
elected by and from members
 Derive equity from member owners
 Operate for the benefit of member owners
 Allocate earnings to members based on use
 Earnings from member business is taxed once
 Have perpetual existence
A Co-operative Societycan be formed as per the provisions of the Cooperative Societies
Act, 1912.
 At least ten persons having thecapacity to enter intoa contract with common
economic objectives, like farming, weaving, consuming, etc. can form a Co-operative
Society.
 A joint application along with the bye-laws of the society containing the details
about the society and its members, has to be submitted to the Registrarof Co-
operative Societies of the concerned state.
 Afterscrutinyof the application and the bye–laws, the registrar issues a
Certificateof Registration
Formation of a Co-operative
Society
Types of Co-operative Societies
 1. Consumers’ Co-operative Society: to protect the interest
 of general consumers by making consumer goods available at a
 reasonable price.
 2. Producers’ Co-operative Society: to protect the interest of
 small producers by making available items of their need for
 production like raw materials, tools and equipments, machinery, etc.
 Bayanika, Haryana Handloom, is example of producers’co-
 operative society.
 3. Co-operative Marketing Society: These societies are
 formed by small producers and manufacturers who find it difficult to
 sell their products individually.
Types of Co-operative Societies
 4. Co-operative Credit Society: to provide financial
support to the members. The society accepts deposits from members and grants them loans at
reasonable rate of interest in times of need.
 Examples: Village Co-operative Society, Urban Cooperative Banks
 5. Co-operative Farming Society: These societies are
 formed by small farmers to work jointly and thereby enjoy the
 benefits of large-scale farming. Examples: Ex: Pani-panchayats
 6. Housing Co-operative Society: to provide
 residential houses to members they purchase land, and construct
 houses or flats and allot the same to members. Some societies also
 provide loans at low rate of interest to members to construct their own houses.
ADVANTAGE
 Easy formation
 Open membership
 Democratic control
 Limited liability
 Elimination of middleman’s profits
 State assistance
 Stable life
LIMITATIONS
 Limited capital
 Problems in management
 Lack of motivation
 Lack of cooperation
 Dependence on government
TAX SHELTER FOR CO-OPERATIVE
SOCIETIES
While a co-operative society is treated under the
Income-tax Act, 1961, as an assessee for extending
certain concessions in computing taxable income, the
income of a co-operative society is not exempt in its
entirety.
User-Benefit Principle
The cooperative’s sole purpose
is to provide and distribute
benefits to members on the
basis of their use
Cooperative Functions
Three Core Functions
 Marketing - extend control of members’ products through
processing, distribution, and sale
 Purchasing - providing affordable supplies and goods
 Service - provide needed services
Company and cooperatives 2

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Company and cooperatives 2

  • 2. COMPANY  MEANING OF A COMPANY  A COMPANY IS AN ARTIFICIAL PERSON CREATED BY THE LAW.  IT IS A VOLUNTARY ASSOCIATION OF INDIVIDUALS FOR PROFITS  A company, abbreviated co., is a legal entity made up of an association of people, be they natural, legal, or a mixture of both, for carrying on a commercial or industrial enterprise.
  • 3. DEFINITION  According to Prof. L.H. Haney, “Company is an artificial person created by law having separated entity with a perpetual succession and common seal”  According to Justice Lindley a company means association of persons who contribute in shape of money or money’s worth to a common stock and employ it for some specific purpose.  An organization of individuals conducting a commercial or industrial enterprise. A corporation, partnership, association, or joint stock company
  • 5. CLASSIFICATION (CONT.)  INCORPORATED COMPANIES : THESE ARE THE ASSOCIATIONS OF THE PERSONS WHO CONTRIBUTE MONEY TO A COMMON STOCK KNOWN AS CAPITAL OF THE COMPANY. THEY HAVE EXISTENCE INDEPENDENT OF THEIR MEMBERS.  UNINCORPORATED COMPANIES : THESE ARE THE MERE COLLECTION OF THE PERSONS WHO HAVE AGREED TO JOIN IN PARTNERSHIP TO RUN A BUSINESS AND SHARE THE PROFITS.  CHARTERED COMPANIES : A chartered company is an association formed by investors or shareholders for the purpose of trade, exploration, and colonization.
  • 6. CLASSIFICATION (CONT.)  STATUTORY COMPANY : A COMPANY MAY BE INCORPORATED BY MEANS OF A SPECIAL ACT OF THE PARLIAMENT OR A ANY STATE LEGISLATURE. SUCH COMPANIES ARE CALLED STATUTORY COMPANIES. SUCH COMPANIES ARE GENERALLY FORMED TO CARRY OUT SOME SPECIAL PUBLE UNDERTAKINGS.  REGISTERED COMPANIES : COMPANIES ARE REGISTERED UNDER COMPANIES ACT,1956,OR EARLIER COMPANIES ACT ARE CALLED REGISTERED COMPANIES. SUCH COMPANIES CAME INTO EXISTENCE WHEN THEY ARE REGISTERED UNDER COMPANIES ACT.
  • 7. CLASSIFICATION (CONT.)  GOVERNMENT COMPANIES : IT IS A COMPANY OF WHICH 51% OR MORE EQUITY SHARE CAPITAL IS HELD BY GOVERNMENT. REST OF THE SHARES CAN BE HELD BY PRIVATE INDIVIDUALS OR BUSINESSMEN.  FOREIGN COMPANIES : ITS IS INCORPORATED OUTSIDE INDIA BUT HAS A PLACE OF BUSINESS IN INDIA. SOME POPULAR MNC’S OPERATING IN INDIA ARE COCA COLA(USA),SONY(JAPAN),ETC.
  • 8. REGULATING ACT  PARTNERHIP FIRM COMPANY  INDIAN PARNERSHIP ACT, COMPANIES ACT,  1932 1956
  • 9. NUMBER OF MEMBERS  PARTNERSHIP FIRM COMPANY  MINIMUM-2 PRIVATE COMPANY :  MAXIMUM-20 IN ODINARY BUSINESS MINIMUM-2 , MAXIMUM-50 & 10 IN BANKING BUSINESS. PUBLIC COMPANY : NUMBER OF SHARES DIVIDED BY LOT OF MINIMUM NUMBER OF SHARES.
  • 10. SEPARATE ENTITY  PARTNERSHIP FIRM COMPANY  NO SEPARATE LEGAL ENTITY FROM SEPARATE LEGAL ENTITY FROM THAT OF ITS PARTNERS. THAT OF ITS MEMBERS.
  • 11. TRANSFER OF INTEREST  PARTNERSHIP FIRM COMPANY  NOT POSSIBLE WITHOUT THE CONSENTS FREELY TRANSFERABLE EXCEPT IN OF ALL PARTNERS. CASE OF PRIVATE COMPANY.
  • 12. FINANCIAL RESOURCES  PARTNERSHIP FIRM COMPANY  CAN RAISE LIMITED RESOURCES. CAN RAISE LARGE FINANCIAL RESOURCES
  • 13.
  • 15. Cooperatives  Are primarily controlled by a board of directors elected by and from members  Derive equity from member owners  Operate for the benefit of member owners  Allocate earnings to members based on use  Earnings from member business is taxed once  Have perpetual existence
  • 16. A Co-operative Societycan be formed as per the provisions of the Cooperative Societies Act, 1912.  At least ten persons having thecapacity to enter intoa contract with common economic objectives, like farming, weaving, consuming, etc. can form a Co-operative Society.  A joint application along with the bye-laws of the society containing the details about the society and its members, has to be submitted to the Registrarof Co- operative Societies of the concerned state.  Afterscrutinyof the application and the bye–laws, the registrar issues a Certificateof Registration Formation of a Co-operative Society
  • 17.
  • 18. Types of Co-operative Societies  1. Consumers’ Co-operative Society: to protect the interest  of general consumers by making consumer goods available at a  reasonable price.  2. Producers’ Co-operative Society: to protect the interest of  small producers by making available items of their need for  production like raw materials, tools and equipments, machinery, etc.  Bayanika, Haryana Handloom, is example of producers’co-  operative society.  3. Co-operative Marketing Society: These societies are  formed by small producers and manufacturers who find it difficult to  sell their products individually.
  • 19. Types of Co-operative Societies  4. Co-operative Credit Society: to provide financial support to the members. The society accepts deposits from members and grants them loans at reasonable rate of interest in times of need.  Examples: Village Co-operative Society, Urban Cooperative Banks  5. Co-operative Farming Society: These societies are  formed by small farmers to work jointly and thereby enjoy the  benefits of large-scale farming. Examples: Ex: Pani-panchayats  6. Housing Co-operative Society: to provide  residential houses to members they purchase land, and construct  houses or flats and allot the same to members. Some societies also  provide loans at low rate of interest to members to construct their own houses.
  • 20. ADVANTAGE  Easy formation  Open membership  Democratic control  Limited liability  Elimination of middleman’s profits  State assistance  Stable life
  • 21. LIMITATIONS  Limited capital  Problems in management  Lack of motivation  Lack of cooperation  Dependence on government
  • 22. TAX SHELTER FOR CO-OPERATIVE SOCIETIES While a co-operative society is treated under the Income-tax Act, 1961, as an assessee for extending certain concessions in computing taxable income, the income of a co-operative society is not exempt in its entirety.
  • 23. User-Benefit Principle The cooperative’s sole purpose is to provide and distribute benefits to members on the basis of their use
  • 24. Cooperative Functions Three Core Functions  Marketing - extend control of members’ products through processing, distribution, and sale  Purchasing - providing affordable supplies and goods  Service - provide needed services