QUESTION: ABC private company having 5 members only all the members of the company were going for a trip in relation to the business of the company. An accident took place and all of them died. Answer with reasons whether the existence of the company has also come to an end. ANSWER: No. According to Sec 9 of the Companies Act, 2013, a company's existence is not dependent upon its members' life (any or all), therefore death of its members does not affect its existence. EXPLANATION: A company is typically an artificial person, and it subsists in contemplation of law and is distinct from its members establishing it. As such, insolvency, death, or "retirement of any" or all members does not affect the company's existence. While members come and go, the company continues ceaselessly i.e. one of the feature of a company is perpetual succession. The shares of the deceased members would be registered in the name of their legal successors or nominees. The company's existence comes to an end only according to the stipulations of law such as dissolution of the company.
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