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Amity Business School

Amity Business School


MBA-G, Semester I Economic and Business Legislation Monica Suri

Amity Business School

COMPANY LAW

Amity Business School

MAIN FEATURES : -INDEPENDENT CORPORATE EXISTENCE -PERPETUAL SUCCESSION -LIMITED LIABILITY -TRANSFERABLE SHARES -POWER TO SUE AND SUED.
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Amity Business School

KINDS OF REGISTERED COMPANIES -PRIVATE LTD. -PUBLIC LTD. Which could be: *LIMITED BY SHARES: LIABILTY

OF MEMBERS LIMITED BY

ITS MEMORANDUM. *LIMITED BY GUARANTEE: MEMBERS UNDERTAKE TO PAY DURING ITS WINDING UP. *UNLIMITED COMPANIES: PERSONAL ASSETS ARE ALSO SEIZED OFF.
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Amity Business School

DISTINCTION BETWEEN PRIVATE LTD. COMPANY AND PUBLIC LTD. COMPANY 1. Minimum Paid-up Capital : A company to be Incorporated as a Private Company must have a minimum paid-up capital of Rs. 1,00,000, whereas a Public Company must have a minimum paid-up capital of Rs. 5,00,000. 2. Minimum number of members : Minimum number of members required to form a private company is 2, whereas a Public Company requires atleast 7 members.

3. Maximum number of members : Maximum number of members in a Private Company is restricted to 50, there is no restriction of maximum number of members in a Public Company.

Amity Business School

4. Transferability of shares : There is complete restriction on the transferability of the shares of a Private Company through its Articles of Association , w hereas there is no restriction on the transferability of the shares of a public company. 5. No. Of shareholders Private Ltd. have
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Amity Business School

FAQ Q1. Should common seal be affixed to all the documents of the Company. Ans. No . Common seal may be affixed only POA-power of attorney, Documents requiring Official seal, Share warrant and Share Certificates. Thus it has to be specified by AOA .
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Amity Business School

Q2. Karishma Ltd wants to change from Public ltd. Co. change to pvt. Ltd. Can it do so? Ans. Yes, it can . It has to take permission of Central Govt.(ROC) - Pass a special Resolution. File a printed copy of changed articles with ROC.
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