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Companies Act
 Presented By:
 Arya Kulangarathodi
 Abhijit Deshmukh
 Namita Amale
 PranotiVartak
 Priya Kumar
 RupamThakar
 Sachin Chaudhary
Group Members
Meaning of Company
 “A company is defined as a form of business
organization in which the funds of a large
number of investors are managed by a few
persons for the purpose of earning profits
which are shared by all investors”
Objectives of Company Law
1. To encourage investments
2. To ensure proper administration
3. To prevent malpractices
4. To allow for investigations
Types of Companies
A. From the point of view of Incorporation
B. From the point of view of Liability
C. From the viewpoint of Nationality
D. From the view point of Public Interest
1. From the point of view of
Incorporation
Types of
Companies
CHARTERED STATUTORY REGISTERED
2. From the point of view of
Liability
TYPES
UNLIMITED
LIMITED
3. From the viewpoint of
Nationality
TYPES
NATIONAL
MULTI-
NATIONAL
4. From the view point of Public
Interest
TYPES
PRIVATE PUBLIC GOVERNEMENT
Distinction Between Private Ltd.
& Public Ltd. Company
Private Ltd. Public Ltd.
 Capital requirement
 Members
 Directors
 Restriction on appointment of
directors
 Transferability of shares
 Start of business
 Capital requirement
 Members
 Directors
 Restriction on appointment
of directors
 Transferability shares
 Start of business
DOCUMENTS OF
COMPANY
Documents
Documents
MOA AOA
Memorandum of Association
 Main document of the company.
 It defines the objects of the company for which it is
established.
 Lays down the conditions upon which alone the company
allowed to be formed.
 Charter of the constitution of the company.
 It defines the scope of its activity and also states that
anything beyond it is unauthorized and illegal.
How MOA Looks?
 The Memorandum of Association must be
o Printed
o Divided into paragraphs
o Numbered consecutively
o Signed by each subscriber (seven or more in case of a public
company)
o Who must add his name, address and description in the
presence of at lease one witness who is to attest the
signature.
Articles of association
 The articles of association are subordinate to the
memorandum of association of the company.
 The articles contain the internal regulations of the
company.
 The provisions of the articles must not be
inconsistent with any of the provisions of the
memorandum of the Act.
 AOA can be altered at any time according to the
wishes of the member.
MOA
1. Determines the
constitution and
activities of the co.
2. It is fundamental charter
3. Every co. must have a
MOA
4. Alteration of MOA is
difficult
AOA
1. It contains rules and
regulations of internal
management of co.
2. It is subsidiary to MOA&
if conflicting, MOA would
prevail
3. Public company limited by
shares may or may not
have AOA
4. Alteration is easier by
special resolution
Difference Between MOA &AOA
TYPES OF COMPANY
MEETINGS
Kinds of Company Meeting
 General Meetings
A. Statutory General Meeting
B. Annual General Meeting
C. Extra ordinary General Meeting
 Meetings of Creditors
 Class Meeting
MEMBERSHIP
Membership of a Company
 The subscribers to the memorandum of a company
shall be deemed to have agreed to become members
of the company and on its registration, shall be
entered as members in the Registrar of Members;
 Every other person who agrees in writing to
become member of a company and whose name is
entered in its register of members, shall be a
member of company;
 Every person holding equity share capital of company
and whose name is entered as beneficial owner in
the records of the depository shall be deemed to
be a member of the concerned company.
Who Can Be A Member?
 Minor
 Company & Subsidiary Co.
 Insolvent
 Partnership firm
 Society
Rights of Members
 To receive notices of all general meetings
 To attend and vote at general meetings, appoint directors and
auditors of the company
 To receive copies of accounts of the company
 In case of a statutory meeting, he is entitled to a copy of
statutory report
 To inspect the minutes of proceedings of any general meeting
 To inspect the register and index of members and debenture
holders and copies of annual returns
 To transfer his shares
DIRECTORS
What Does Company Law Speak?
 Section 2(13) defines director as "director includes any
person occupying the position of a director by whatever
name called."
 Director is not servant of the company. He is rather an
officer of the company.
 The articles of association of the company and provisions of
the companies Act will govern the selection of the directors
of the company.
 The management or the affairs of the company will be in the
hands of the directors. The directors are collectively called
the Board of Directors.
 The articles will determine the number of directors to be
appointed to the Board of Directors of a company. As per
the Act, minimum three directors will be there in a public
company and two directors in a private company.
Position of Director
Position
As a
Trustee
As an
Agent
As a
Partner
Companies act

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Companies act

  • 2.  Presented By:  Arya Kulangarathodi  Abhijit Deshmukh  Namita Amale  PranotiVartak  Priya Kumar  RupamThakar  Sachin Chaudhary Group Members
  • 3. Meaning of Company  “A company is defined as a form of business organization in which the funds of a large number of investors are managed by a few persons for the purpose of earning profits which are shared by all investors”
  • 4. Objectives of Company Law 1. To encourage investments 2. To ensure proper administration 3. To prevent malpractices 4. To allow for investigations
  • 5. Types of Companies A. From the point of view of Incorporation B. From the point of view of Liability C. From the viewpoint of Nationality D. From the view point of Public Interest
  • 6. 1. From the point of view of Incorporation Types of Companies CHARTERED STATUTORY REGISTERED
  • 7. 2. From the point of view of Liability TYPES UNLIMITED LIMITED
  • 8. 3. From the viewpoint of Nationality TYPES NATIONAL MULTI- NATIONAL
  • 9. 4. From the view point of Public Interest TYPES PRIVATE PUBLIC GOVERNEMENT
  • 10. Distinction Between Private Ltd. & Public Ltd. Company Private Ltd. Public Ltd.  Capital requirement  Members  Directors  Restriction on appointment of directors  Transferability of shares  Start of business  Capital requirement  Members  Directors  Restriction on appointment of directors  Transferability shares  Start of business
  • 13. Memorandum of Association  Main document of the company.  It defines the objects of the company for which it is established.  Lays down the conditions upon which alone the company allowed to be formed.  Charter of the constitution of the company.  It defines the scope of its activity and also states that anything beyond it is unauthorized and illegal.
  • 14. How MOA Looks?  The Memorandum of Association must be o Printed o Divided into paragraphs o Numbered consecutively o Signed by each subscriber (seven or more in case of a public company) o Who must add his name, address and description in the presence of at lease one witness who is to attest the signature.
  • 15. Articles of association  The articles of association are subordinate to the memorandum of association of the company.  The articles contain the internal regulations of the company.  The provisions of the articles must not be inconsistent with any of the provisions of the memorandum of the Act.  AOA can be altered at any time according to the wishes of the member.
  • 16. MOA 1. Determines the constitution and activities of the co. 2. It is fundamental charter 3. Every co. must have a MOA 4. Alteration of MOA is difficult AOA 1. It contains rules and regulations of internal management of co. 2. It is subsidiary to MOA& if conflicting, MOA would prevail 3. Public company limited by shares may or may not have AOA 4. Alteration is easier by special resolution Difference Between MOA &AOA
  • 18. Kinds of Company Meeting  General Meetings A. Statutory General Meeting B. Annual General Meeting C. Extra ordinary General Meeting  Meetings of Creditors  Class Meeting
  • 20. Membership of a Company  The subscribers to the memorandum of a company shall be deemed to have agreed to become members of the company and on its registration, shall be entered as members in the Registrar of Members;  Every other person who agrees in writing to become member of a company and whose name is entered in its register of members, shall be a member of company;  Every person holding equity share capital of company and whose name is entered as beneficial owner in the records of the depository shall be deemed to be a member of the concerned company.
  • 21. Who Can Be A Member?  Minor  Company & Subsidiary Co.  Insolvent  Partnership firm  Society
  • 22. Rights of Members  To receive notices of all general meetings  To attend and vote at general meetings, appoint directors and auditors of the company  To receive copies of accounts of the company  In case of a statutory meeting, he is entitled to a copy of statutory report  To inspect the minutes of proceedings of any general meeting  To inspect the register and index of members and debenture holders and copies of annual returns  To transfer his shares
  • 24. What Does Company Law Speak?  Section 2(13) defines director as "director includes any person occupying the position of a director by whatever name called."  Director is not servant of the company. He is rather an officer of the company.  The articles of association of the company and provisions of the companies Act will govern the selection of the directors of the company.  The management or the affairs of the company will be in the hands of the directors. The directors are collectively called the Board of Directors.  The articles will determine the number of directors to be appointed to the Board of Directors of a company. As per the Act, minimum three directors will be there in a public company and two directors in a private company.
  • 25. Position of Director Position As a Trustee As an Agent As a Partner