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Essay Questions · Q13

Q.Explain the various kinds of companies recognised under the Companies Act, 2013.

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The Companies Act, 2013 classifies companies on several independent bases; a company can therefore be described in more than one way at the same time — for instance, a particular company may be a registered, public, listed company limited by shares.

On the basis of incorporation:

  • Chartered companies were formed under a royal charter (for example, the historical East India Company); this mode is now obsolete in India.
  • Statutory companies are created by a special Act of the Central or State Legislature — for example, the Reserve Bank of India and the Life Insurance Corporation of India — and their powers derive from that Act rather than a memorandum.
  • Registered companies are incorporated by registration under the Companies Act, 2013, which is how the great majority of companies, private and public, are formed today.

On the basis of liability:

  • A company limited by shares limits a member's liability to any amount unpaid on the shares held.
  • A company limited by guarantee limits a member's liability to a fixed amount payable only if the company is wound up; this form suits non-profit or professional bodies.
  • An unlimited company places no limit on a member's liability for the company's debts.

On the basis of number of members:

  • A One Person Company (Section 2(62)) has a single member, allowing an individual entrepreneur separate legal identity and limited liability.
  • A private company (Section 2(68)) has 2 to 200 members with restricted share transfer.
  • A public company (Section 2(71)) has a minimum of 7 members, no maximum, and free share transfer.

On the basis of control:

  • A holding company controls one or more other companies, by owning a majority of their share capital or controlling their board composition.
  • A subsidiary company is the company so controlled.
  • An associate company is one over which another company has significant influence (commonly holding 20% or more of its share capital) without being a subsidiary.

On the basis of ownership:

  • A government company (Section 2(45)) is one in which not less than 51% of the paid-up share capital is held by the Central Government, one or more State Governments, or jointly by them; several public-sector undertakings operating in and around Andhra Pradesh are organised this way.
  • All other companies are non-government companies.

Other recognised kinds: …

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