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INTRODUCTION
In India, the Companies Act, 1956, is the most important piece of legislation
that empowers the Central Government to regulate the formation, financing,
functioning and winding up of companies. The Act contains the mechanism
regarding organisational, financial, managerial and all the relevant aspects
of a company. It provides for the powers and responsibilities of the directors
and managers, raising of capital, holding of company meetings,
maintenance and audit of company accounts, powers of inspection, etc. The
Act applies to whole of India and to all types of companies, whether
registered under this Act or an earlier Act. But it does not apply to
universities, co-operative societies, unincorporated trading, scientific and
other societies.
The four Regional Directors, who are in charge of the respective regions,
comprising a number of States and Union Territories, interalia, supervise the
working of the Offices of Registrars of Companies and the Official
Liquidators working in their regions. They also maintain liaison with the
respective State Governments and the Central Government in matters
relating to the administration of the Companies Act, 1956.
Registration of prospectus.
Registration of reduction of capital.
Seizure of documents.
According to the Act, a company means "a company formed and registered
under the Act or an existing company i.e. a company formed or registered
under any of the previous company laws". The salient features of a
company are:-
Separate property:- all the property of the company vests in it. The
company can control, manage and hold the same in its own name.
The members have no ownership rights in the company's property,
either individually or collectively. A shareholder does not even have
an insurable right in the property of the company. The creditors of
the company can have a claim only against the property of the
company and not against the property of the individual members.
Capacity to sue and being sued:- a company can enforce its rights
through suits and can also be sued for breach of its statutory rights.