Chapter I

Preliminary
section 1 short title etc

short Title The companies Act 2013

Extent whole of India

commencement 30th Aug2013

29thAre published in official Gazette

Applicability
i Companies incorporated under this Act
or Previous act
any other a under
Iii Insurance Electricity companies.ie t
Banking
as it is not inconsistent with respectiveact
long as
Gii Any other body corp notified by ca

section 2 Definitions

1 Body corporate
Company us

company 21207 means a co incorporated

under this Act or under previous company law
Basic definition
Company is an incorporated association which is an
artificial person
entity with insecession
fdbylaw.hav.mg
and
a separate

Exampie RIL Adani etc

Mjg I
B I Dirty
ugY om É incorporated outside India
But does not include
1 Cooperative society
2 Be notified by ca

typesofcompanie t
Private co vs public co
21681 2171
Private co means a company minimum
having
Pusc as may be prescribed which by its articles

I 1 1
Restricts transfer Expect in ope Prohibits invitation
haves limits no of to public to subscrib
members to 200 securities
Employee
Exclude Former employee
Igisamat
Normal shareholder
number
lay 194
Joint shareholders 10 5
15 couples
Amar 1 X
current employee
Akbar 1 X
Former employee
Anthony 1 I
First Sfl now
employee
a

2171 Public co means a company which

is not a private co and has such Pose
as may be prescribed

Pro videdtha It includes such co which

is subsidiary of a public co even where
such subsidiary continues to be private as

per its articles

21621 One person co means a company
which has one person as its sole member

on
thebasisofnto
Subsidiary co section 2187
It means a company in which the co
holding
l
I 1
Holds more than or controls the
12 Oftingpower composition of
either on its own or together BOD
with its on elmore subsidiary i.e Has power to
PUSC us appoint all or
wring
Power 1 majority of directions

provided that such class Cos as may be

of
prescribed shall not have more than
21941 of subsidiary
shares held in fiduciary capacity shall not
be counted for the purpose
of determining
subsidiary co

G
subsidy
subry
Associatecompany section 2167

means a co on which the other co has

a subsidiary
Efantaife.net
IRI v7
Atleast 201
of
I significant inferences control on mayor
R.O business decisions
Associate co

IRI Adani
too
A
Energy Associate
Join tent

Holding
co section 2146
T.intelation to which the other co is a

subsidiary shall be called

holding
Mimancompany section 21851

A company other than Public co

having
P USC higher ant
of 50 lakhs or such as may
be prescribed but not
exceeding Eloce
turnover of E 2 crores or such higher ant as
may be prescribed but not Flood
exceeding
shall be called a
Smc
The cos Shan not be considered as
following
smalto
I co s subsidiary w
Holding
b section 8 co
co under any special Act

Financialstatemen faction 1

Bls F
Psm em
NPO Income

Statement in Early
of changes
Explanatory notes attached to abonstatements
provided that too are not required
to prepare c Fs
following
A OPC
bl small co
A Dormant co Sec 455
d private o which is a
stfu
IPVI leaf
innovation
technology
starts
certificate
Ip
Department for promotion Ondustrys
internal trade of

FinancialYearfsec21u
means
a period on 31103 every year
ending
where a co is
incorporated on or after
1st day of Jan period
ending on 31103 of
year shall be considered as FY
following
 provided that where a co BC is a
associate
holding
or subsidiary or
of a
company
incorporated outside India such co may apply
to ca for having any period as its FY

Tamanaha
I H I
incorporated Incorporated 6 incorporate
under this of India Ols India
Act I may or may
E g 1214 not have any Hantigbusines
business in in India
India
Eg Facebook
E g Tesla Amazon
Netflix
A

gastroenteritis
is held either by ca or by sq or partly by cg
and partly by SG
It also includes a co which is subsidiary of
a Govt co
Example
1 A Ltd in which Ca holds 601 Govt co

21 B ltd in which 59 holds 601 I H

3 D Id in which ONGC A Govt co holds 601 11

SG holds 207 Toots

ts manishyopitssecurities
listed on a
recognised stock
exchange
Provided that such class of cos as may be
prescribed shall Not be considered as listed co

cos have been excluded from the

Following

Ikeda D f

roup
tuff whose acute shans
are not listed
Pizan
 t t
Non
tTdeemable Nonconvertible
debt
listed in
RSE of such
convertible
pref share jurisdiction
Debt as may be
security presented
on paraplaamentbasistsecup
as per SEBI regulations
retat fse

177 E. e
Q
t

o W
W
É D
X
H

O included
step
All members of Huf are relative to each other