coporate law12

8/3/2019 coporate law12

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Corporate law

Datkhile santosh


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Corporate laws

Companies Act

RUTP Act

FEMA

SEBI


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Companies Act, 1956

1. Introduction to Company

2. Raising Of Capital

3. Formation of Company

4. Loan to company

5. Management of Company


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URTP

1. Restrictive Trade

2. Unfair Trade Practice

3. Commission under the Act

4. Procedure of investigation


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FEMA

Regulation of import and export

Exchange control regulation

Acquisition of immovable goods


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SEBI

SEBI procedure book

SEBI Act


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Definition of company

Companies Act 1956, sec(3)(i)

a Company means a Company registered andformed under this Act or an existing Company as

defined by clause ii of this section Company is registered association of persons

who is an artificial and legal person having

separate entity, perpetual succession,common seal, BOD, transferable shares andseparate name.


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features of company

Characteristics of Company-

1. Artificial & legal person

2. Separate entity

3. Perpetual Succession

4. Common Seal

5. Transferable shares

6. Limited Liability

7. Membership


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features of company

8. Incorporate association

9. Separate name

10.Separation of ownership & Mgt.

11.Raising of capital on the large scale

12.Capacity to sue

13.Rigidity of objects


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Types of company

On the basis of incorporation-1. Chartered company

2. Registered company

3. Statutory company


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Types of company

On the basis of liability-1. Company limited by liability

2. Company limited by guarantee

3. Unlimited company


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Types of company On the basic of members-

1. Private company-

sec. 3(1) (iii)-

"private company" 5[means a company which has a minimum paid-up capital

of one lakh rupees or such higher paid-up capital as may be prescribed,

and by its articles,

(a) restricts the right to transfer its shares, if any;

(b) limits the number of its members to fifty not including-

(i) persons who are in the employment of the company, and

(ii) persons who, having been formerly in the employment of the company, were members

of the company while in that employment and have continued to be members after the

employment ceased; and

(c) prohibits any invitation to the public to subscribe for any shares in, or

debentures of, the company;

(d) prohibits any invitation or acceptance of deposits from persons other

than its members, directors or their relatives


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Types of company

On the basic of members-

sec. 3(1) iv-

(iv) "public company" means a company which-

(a) is not a private company;(b) has a minimum paid-up capital of five lakh

rupees or such higher paid-up capital, as may

be prescribed;(c) is a private company which is a subsidiary of

a company which is not a private company.]


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Types of company

On the basis of shareholding

1. Subsidiary company-

Sec. 4()

For the purposes of this Act, a company shall, subject to the provisions of

subsection (3), be deemed to be a subsidiary of another if, but only if,-

(a) that other controls the composition of its Board of directors; or

(b) that other-

(i) where the first-mentioned company is an existing company in respect of

which the holders of preference shares issued before the commencement

of this Act have the same voting rights in all respects as the holders ofequity shares, exercises or controls more than half of the total voting

power of such company;

(ii) where the first-mentioned company is any other company, holds more

than half in nominal value of its equity share capital; or]

(c) the first-mentioned company is a subsidiary of any company which is thatother's subsidiary.


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Types of company

On the basis of shareholding-

2. Holding company-

Sec. 4 (4)(4) For the purposes of this Act, a company shall

be deemed to be the holding company of

another if, but only if, that other is its

subsidiary.


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Types of company

On the basis of shareholding-

3. government company

4. one man company On the basis of scope of oparation

1. National company

2. International/ MNC3. Foreign company


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Types of company

Other type-

1. Association not for profit-

sec. 25(1)-

a) Formed for promoting of art, science, sport

b) Using income or profit for said income

c) Restrict distribution of dividend

d) Formed as a limited company

coporate law12

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