The document discusses key aspects of company law in India such as the meaning of a company, objectives of company law, types of companies based on incorporation, liability, nationality, and public interest. It also describes the key documents of a company - Memorandum of Association (MOA) and Articles of Association (AOA) - and compares their nature, alteration process, and differences. Additionally, it covers types of company meetings, membership in a company including rights of members, and duties and position of directors in a company.
Company Definition, Meaning, Features, Types and StructureThejas Perayil
Company Definition, Meaning, Features of Companies, Companies Act 1956, Types of Companies, Structure of Companies, Hierarchical Structure of a company
BY ZALEHA ZAIN AND PARTNER.
COMPANIES
CONTENTS
Types of Companies
Differences between Companies and Partnerships
Advantages of Companies over Partnerships
TYPES OF COMPANIES
Companies in Malaysia are classified according to:
(i) liability or
(ii) private or public status
BY LIABILITY
S.14 (2) Companies Act 1965 (CA) – a company may be:
A company limited by shares;
A company limited by guarantee;
A company limited by shares and guarantee;
An unlimited (liability) company.
FOREIGN COMPANY
S.4(1): ‘Where the company, or corporation, society, association or other body incorporated outside Malaysia, but which carries on business in Malaysia..‘
It is wholly or majority owned (measured in % of shares held) by non-Malaysians.
Such company has to lodge certain documents as laid down in S.332(1) CA 1965 and pay the appropriate fees before commencing the business in Malaysia.
A foreign company registered under the “Companies Act” 1965 has the power to hold immovable property in Malaysia.
MEANING AND DEFINITION OF COMPANY, IT'S CHARACTERISTICS AND TYPES OF COMPANYKhushiGoyal20
This slide share is of subject company law . In this you will learn about meaning and definition of company , types / kinds of company (private , public , holding , subsidiary , limited liability and unlimited liability company etc.) , and its characteristics.
Company Definition, Meaning, Features, Types and StructureThejas Perayil
Company Definition, Meaning, Features of Companies, Companies Act 1956, Types of Companies, Structure of Companies, Hierarchical Structure of a company
BY ZALEHA ZAIN AND PARTNER.
COMPANIES
CONTENTS
Types of Companies
Differences between Companies and Partnerships
Advantages of Companies over Partnerships
TYPES OF COMPANIES
Companies in Malaysia are classified according to:
(i) liability or
(ii) private or public status
BY LIABILITY
S.14 (2) Companies Act 1965 (CA) – a company may be:
A company limited by shares;
A company limited by guarantee;
A company limited by shares and guarantee;
An unlimited (liability) company.
FOREIGN COMPANY
S.4(1): ‘Where the company, or corporation, society, association or other body incorporated outside Malaysia, but which carries on business in Malaysia..‘
It is wholly or majority owned (measured in % of shares held) by non-Malaysians.
Such company has to lodge certain documents as laid down in S.332(1) CA 1965 and pay the appropriate fees before commencing the business in Malaysia.
A foreign company registered under the “Companies Act” 1965 has the power to hold immovable property in Malaysia.
MEANING AND DEFINITION OF COMPANY, IT'S CHARACTERISTICS AND TYPES OF COMPANYKhushiGoyal20
This slide share is of subject company law . In this you will learn about meaning and definition of company , types / kinds of company (private , public , holding , subsidiary , limited liability and unlimited liability company etc.) , and its characteristics.
Content of the PPT:
Introduction to Joint Stock Company, it's characteristics, types of Joint Stock Company(Chartered Company, Statutory Company, Registered Company), Difference between Private Limited and Public Limited, Advantages and Disadvantages of Joint Stock, Suitability of Joint Stock Company.
Types of companies - Legal Environment of Business - Business Law - Commercia...manumelwin
Chartered companies are those which are incorporated by a Royal Charter. Some of the biggest companies like the East India Company were formed by the Royal Charter in England.
Company: Meaning,characterstics and types.Sanjay Singh
DEFINATION OF COMPANY:-
Section 3 (1) (i) of the Companies Act, 1956 defines company as “a company formed and registered under this Act or an existing company”.
Section 3(1) (ii) Of the act states that “an existing
company means a company formed and
registered under any of the previous companies laws”.
Content of the PPT:
Introduction to Joint Stock Company, it's characteristics, types of Joint Stock Company(Chartered Company, Statutory Company, Registered Company), Difference between Private Limited and Public Limited, Advantages and Disadvantages of Joint Stock, Suitability of Joint Stock Company.
Types of companies - Legal Environment of Business - Business Law - Commercia...manumelwin
Chartered companies are those which are incorporated by a Royal Charter. Some of the biggest companies like the East India Company were formed by the Royal Charter in England.
Company: Meaning,characterstics and types.Sanjay Singh
DEFINATION OF COMPANY:-
Section 3 (1) (i) of the Companies Act, 1956 defines company as “a company formed and registered under this Act or an existing company”.
Section 3(1) (ii) Of the act states that “an existing
company means a company formed and
registered under any of the previous companies laws”.
The board of directors plays a central role in the corporate governance system. All countries require that publicly listed companies have a board. While their attributes vary across nations, they universally share common responsibilities.
This Quick Guide provides an introduction to the roles and responsibilities of the board of directors.
It answers the questions:
• What is the purpose of a board?
• How does a board function?
• What does it mean to be “independent”?
• What are the legal and fiduciary requirements?
For an expanded discussion, see Corporate Governance Matters: A Closer Look at Organizational Choices and Their Consequences (Second Edition) by David Larcker and Brian Tayan (2015): http://www.gsb.stanford.edu/faculty-research/books/corporate-governance-matters-closer-look-organizational-choices
Buy This Book: http://www.ftpress.com/store/corporate-governance-matters-a-closer-look-at-organizational-9780134031569
For permissions to use this material, please contact: E: corpgovernance@gsb.stanford.edu
Copyright 2015 by David F. Larcker and Brian Tayan. All rights reserved.
Constitution of Company Article of Associationseri bangash
www.seribangash.com
An Article of Association is a legal document that contains the rules, regulations, and guidelines for the internal management and operation of a company. It is one of the two key documents along with the Memorandum of Association that forms the company's constitution, outlining its structure and objectives. While the Memorandum of Association defines the company's external objectives and powers, the Article of Association deals with its internal affairs.
https://seribangash.com/public-private-company-difference/
Here's a detailed note on the Article of Association:
Contents: The Article of Association typically includes provisions regarding the rights and duties of shareholders, the appointment and removal of directors, the conduct of board and general meetings, the distribution of dividends, the issuance and transfer of shares, borrowing powers of the company, and any other matters relating to the administration and management of the company.
Flexibility: Unlike the Memorandum of Association, which is relatively fixed and requires formal procedures to amend, the Article of Association can be amended more easily by passing a special resolution in a general meeting of shareholders. This flexibility allows companies to adapt their internal rules according to changing circumstances and requirements.
https://seribangash.com/public-private-company-difference/
Standard Provisions: While companies have the flexibility to customize their Articles to suit their specific needs, certain standard provisions are commonly included, such as:
Shareholders' rights and obligations: Including voting rights, procedures for convening meetings, and methods for appointing proxies.
Directors' powers and responsibilities: Specifying the powers of the board of directors, procedures for appointment, retirement, and removal of directors, and rules for board meetings.
Dividend policies: Outlining the procedures for declaring and distributing dividends to shareholders.
Transfer of shares: Stipulating the process for transferring shares, including any restrictions or pre-emption rights.
Borrowing powers: Defining the limits and conditions under which the company can borrow money.
https://seribangash.com/public-private-company-difference/
Winding up procedures: Describing the procedures for voluntary or involuntary winding up of the company.
Legal Requirement: In most jurisdictions, companies are required to have Articles of Association as part of their incorporation documents. These Articles must comply with the laws and regulations of the jurisdiction in which the company is registered.
Public Accessibility: While the Memorandum of Association is a public document that anyone can access, the Article of Association is often kept as an internal document and may not be available for public inspection.
Binding Nature: The provisions contained in the Article of Association are binding on the company, its shareholders, directors, and other officers.
Forms of doing business in India – An Opportunity to achieve DreamsComplianceShip
This Power point Presentation contains the complete information regarding Form of Business available in India. it provide the details of more than 5 form of doing business in india i.e. Proprietorship, Partnership, LLP (Limited Liability Partnership), Societies, Company i.e. One Person Company, Private Limited Company, Public Limited Company
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.