This document defines companies and cooperatives. It states that a company is an artificial person created by law to conduct business for profit, while cooperatives are formed by individuals with common economic needs controlled by elected boards. The document outlines different types of companies and cooperatives, including incorporated/unincorporated companies and consumers', producers', and credit cooperatives. It notes key differences between companies and cooperatives like separate legal entity, member ownership, and allocation of earnings. Finally, it discusses some advantages and limitations of cooperatives.
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.
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.
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.
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