Essay Questions · Q13
Q.Explain the various kinds of companies recognised under the Companies Act, 2013.
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Start your 14-day free trial to unlock the full solution →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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