This article has been written by Shubham currently currently pursuing BBA.LLB from FIM, IP University. In the below-given article, you’ll all get to know the necessary information about “Companies Act, 2013. Its introduction and types with few relevant cases.
- On the basis of incorporation
- Statutory Companies
These organizations are established by an uncommon Act of Parliament or State Legislature. These organizations are framed fundamentally with an expectation to offer the public types of assistance. In spite of the fact that basically they are administered under that Special Act, still the CA, 2013 will be relevant to them aside from where the said arrangements are conflicting with the arrangements of the Act making them (as Special Act beats General Act). Instances of these kinds of organizations are Reserve Bank of India, Life Insurance Corporation of India, and so on.
- Registered Companies
Organizations enlisted under the Companies Act, 2013 or under any past Company Law are called enrolled organizations. Such organizations appear when they are enlisted under the Companies Act and an endorsement of joining is allowed to it by the Registrar.
2. On the basis of Liability
- Companies limited by Shares
An organization that has the obligation of its individuals restricted by the update to the sum, assuming any, unpaid on the offers separately held by them is named as an organization restricted by shares. The obligation can be upheld during presence of the organization just as during the twisting up. Where the offers are completely settled up, no further risk lays on them. For instance, an investor who has paid 75 on a portion of assumed worth 100 can be called upon to pay the equalization of 25 as it were. Organizations restricted by shares are by a wide margin the most well-known and might be either open or private.
- Companies limited by Guarantee
Organization restricted by ensure is an organization that has the obligation of its individuals restricted to such sum as the individuals may separately attempt, by the update, to add to the advantages of the organization in case of its being twisted up. If there should be an occurrence of such organizations the risk of its individuals is restricted to the measure of assurance attempted by them. The individuals from such organization are put in the situation of underwriters of the organization’s obligations up to the concurred sum. Clubs, exchange affiliations, research affiliations and social orders for advancing different items are different instances of assurance organizations.
- Boundless Liability Companies:
An organization not having a cut-off on the obligation of its individuals is named as boundless organization. Here the individuals are obligated for the organization’s obligations in relation to their particular advantages in the organization and their risk is boundless. Such organizations might possibly have share capital. They might be either a public organization or a privately owned business.
3. On the basis of Members
- Private Company
According to Section 2(68) of the Companies Act, 2013, “privately owned business” signifies an organization having a base settled up share capital as might be endorsed, and which by its articles,– confines the option to move its offers; aside from in the event of One Person Company, restricts the quantity of its individuals to 200: Given that where at least two people hold at least one offers in an organization mutually, they will, forthe reasons for this provision, be treated as a solitary part Given further that the accompanying people will not be remembered for the quantity of individuals;– people who are in the work of the organization; and people who, having been once in the past in the work of the organization, were individuals from the organization while in that business and have kept on being individuals after the business stopped, will not be remembered for the quantity of individuals; and precludes any solicitation to the general population to buy in for any protections of the organization; It must be noticed that it is just the quantity of individuals that is restricted to 200. A privately owned business may give debentures to quite a few people, the main condition being that a solicitation to the general population to buy in for debentures is restricted. The aforementioned meaning of private restricted organization determines the limitations, constraints and preclusions, which must be explicitly given in the articles of relationship of a private restricted organization.
- Public company
Given that an organization which is an auxiliary of an organization, not being a privately owned business, will be regarded to be public organization for the motivations behind this Act even where such auxiliary organization keeps on being a privately owned business in its articles. According to area 3(1)(a), a public organization might be shaped for any legal reason by at least seven people, by buying in their names or his name to a notice and following the prerequisites of this demonstration in regard of enrolment. A public organization might be supposed to be an affiliation comprising of at the very least 7 individuals, which is enlisted under the Act. On a fundamental level, any individual from the public who is eager to address the cost may procure shares in or debentures of it. The protections of a public organization might be cited on a Stock Exchange. The quantity of individuals isn’t restricted to 200. According to area 58(2), the protections or other enthusiasm of any part in a public organization will be openly adaptable. Be that as it may, any agreement or game plan between at least two people in regard of move of protections will be enforceable as an agreement. The Companies Act, makes an away from concerning the adaptability of offers identifying with private and public organizations. By definition, a “privately owned business” is an organization which confines the option to move its offers. On account of a public organization, the Act gives that the offers or debentures and any intrigue in that, of an organization, will be unreservedly adaptable. The arrangement contained in the law for the free adaptability of offers in a public organization is established on the rule that individuals from the public must have the opportunity to buy and, each investor ought to have the opportunity to move.
- One Public Company
ONE PERSON COMPANY (OPC)
With the usage of the Companies Act, 2013, a solitary individual could establish a Company, under the One Person Company (OPC) idea. The presentation of OPC in the legitimate framework is a move that would support corporatization of miniature organizations and businesses. OPC is a one investor corporate substance, where legitimate and budgetary obligation is restricted to the organization as it were. According to segment 2(62) of the Companies Act, 2013, “One Person Company” signifies an organization which has just a single individual as a part. Area 3(1) (c) sets out that an organization might be framed for any legitimate reason by one individual, where the organization to be shaped is to be One Person Company that is to state, a privately owned business. At the end of the day, one individual organization is a sort of privately owned business. A One individual organization will have at least one chief. Hence, a One Person Company will be enrolled as a privately owned business with one part and one chief.
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