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.
Introduction
Definition of company
Characteristics of company
Types of company
Formation of company
Memorandum of association
Article of association
Prospectus
Public deposits
Share & Share capital
Allotment of Shares
Members
Meetings
Winding up
Introduction
Definition of company
Characteristics of company
Types of company
Formation of company
Memorandum of association
Article of association
Prospectus
Public deposits
Share & Share capital
Allotment of Shares
Members
Meetings
Winding up
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3. MEANING AND DEFINITION OF COMPANY
MEANING :
The word ‘company’ is a derivative of the Latin word
‘companis’. ‘Companis’ is made up of two words : ‘com’ and
‘panis’. ‘Com’means ‘together’ and ‘panis’ means ‘bread’.
The word ‘company’means a group of persons who ate
together .
Basically a company is the voluntary association of persons
formed for the purpose of earning profit with investment of
capital .
It is incorporated and registered under the Companies Act ,
2013.
DEFINITION :
“ A COMPANY IS AN INCORPORATED ASSOCIATION
WHICH IS AN ARTIFICIAL PERSON CREATED BY LAW ,
HAVING A SEPARATE LEGAL ENTITY WITH A PERPETUAL
SUCCESSION AND A COMMON SEAL.
4. CHARACTERISTICS OF COMPANY
INCORPORATED ASSOCIATION
ARTIFICIAL PERSON
SEPARATE LEGAL ENTITY
PERPETUAL SUCCESSION
COMMON SEAL
LIMITED LIABILITY
NUMBER OF MEMBERS
TRANSFERABILITY OF SHARES
5. CONTINUED…
INCORPORATED ASSOCIATION :
A company is a registered association . Under the Companies Act
, it is necessary for a company to be registered ,i.e ., it needs to
be incorporated.
ARTIFICIAL PERSON :
It is an another important characteristic that company is an
artificial person because its birth is not natural birth . It is
created by law . Being an artificial person , it cannot take an
oath , be imprisoned or personally appear in a court of law .
Like a natural person , a company can buy and sell properties ,
make agreements or enter into a contract.
SEPARATE LEGAL ENTITY :
The most important characteristic of a company is that it is a
separate legal entity . A company is separate from its
members , it can enter into any contract without any of its
members, buy property in its name , borrow or lend money or
file a suit in the court of law against any third party.
6. CONTINUED…
PERPETUAL SUCCESSION :
Members may come members may go but the company goes
on forever . Its existence is not dependent upon that of its
shareholders or directors. The shareholders or the directors
might change but the company goes on .
COMMON SEAL :
A common seal is the metallic seal of the company. It is the
signature of the company to any document . Each company
shall have only one common seal , on its incorporation . It is to
be used in the manner prescribed in (AOA of Companies Act ,
2013). As per companies (Amendment ) Act , 2015, now for a
company to have a common seal is not mandatory.
LIMITED LIABILITY :
The liability of the shareholders of the company is limited. In
case of financial loss , the liability of members will be limited
to the amount unpaid of their shares and their personal
property cannot be used to pay off the debts .
7. CONTINUED…
NUMBER OF MEMBERS :
The minimum number of members in a public company is
seven and maximum can be infinite.
The minimum number of members in a private company is
two and maximum can be two hundred , excluding present
and past employees of the company .
TRANSFERABILITY OF SHARES :
In the public company the shares can be transferred
freely and in private company also the shares can be
transferred but with some restrictions ( shares are not
freely transferrable) .
8. TYPES/ KINDS OF COMPANIES
• LIMITED LIABILITY COMPANY
• UNLIMITED LIABILITY COMPANY
• GOVERNMENT COMPANY
• HOLDING COMPANY
• SUBSIDIARY COMPANY
• PRIVATE COMPANY
• PUBLIC COMPANY
• ONE PERSON COMPANY
9. CONTINUED…
LIMITED LIABILITY COMPANY :
The liability of a company is limited . It can be limited
by the number and value of shares or limited by
guarantee.
UNLIMTED LIABILITY COMPANY :
A company in which the liability of its members is not
limited. The members of this company are personally
liable for the debts of the company.
GOVERNMENT COMPANY :
A government company means any company in which
51% or more share is held by Central Government .
HOLDING COMPANY :
A holding company is a company which holds 50% or
more than 50% of share in another company.
10. CONTINUED...
SUBSIDIARY COMPANY :
A company in which 50% or more than 50% of share is held by another
company. For example : ABC LTD invested 52% in shares of XYZ LTD then
ABC LTD is holding company and XYZ LTD is subsidiary company.
PRIVATE COMPANY :
Section 2(68) of the Companies Act , defines a private company is a company :
With minimum members – 2 , maximum – 200 (excluding past and
present employees)
In which 2 directors are minimum required
Which cannot issue their shares in public
In which shares are not freely transferrable.
PUBLIC COMPANY
According to section 2(71) of the Companies(Amendment) act ,2015
defines a public company is a company :
A company which is not a private company.
Minimum members – 7 , maximum members - infinite
In which 3 directors are minimum required
In which shares can be transferred easily without any restrictions.
11. CONTINUED…
ONE PERSON COMPANY :
One person company means a company which has
only one person as a member. A natural person can be
the member of this company. It may have only one
director .It’s paid up capital should not exceed Rs
50Lakhs. Its average turnover of three years should
not exceed Rs 2Crore.