Professional Documents
Culture Documents
MAHAVIDYAPEETHA
JSS SCIENCE & TECHNOLOGY UNIVERSITY
Mysore - 570006
A Seminar Report on
Submitted by
BALAKRISHNA . S– 01JST20ME404
DAYANANANDA SAGAR- 01JST20ME407
DIXITH . R- 01JST20ME409
KUMARASWAMY.R - 01JST20ME412
BRUHASPATHI M . S – 01JST20ME413
NANDAN KUMAR . K -01JST20ME416
Bachelor of Engineering
in
Mechanical Engineering
Submitted To
Ms. BHAVYA . V B.E., M.Tech
Assistant Professor, Department of Mechanical Engineering
JSSSTU, Mysore -570006.
4. Types of companies.
JOINT STOCK COMPANY
Each joint stock company share is transferable, and if the company is public,
then its shares are marketed on registered stock exchanges.
Private joint stock company shares can be transferred from one party to another
party. However, the transfer is limited by agreement and family members.
A company is a legal entity that has been created by the statues of law.
Like a natural person, it can do certain things, like own property in its name,
enter into a contract, borrow and lend money, sue or be sued, etc.
It has also been granted certain rights by the law which it enjoys through its
board of directors.
However, not all laws/rights/duties apply to a company. It exists only in the law
and not in any physical form. So we call it an artificial legal person.
3] Incorporation :
For a company to be recognized as a separate legal entity and for it to come into
existence, it has to be incorporated.
Not registering a joint stock company is not an option. Without incorporation, a
company simply does not exist.
4] Perpetual Succession :
The joint stock company is born out of the law, so the only way for the
company to end is by the functioning of law. So the life of a company is in no
way related to the life of its members.
Members or shareholders of a company keep changing, but this does not affect
the company’s life.
5] Limited Liability :
This is one of the major points of difference between a company and a sole
proprietorship and partnership.
The liability of the shareholders of a company is limited.
The personal assets of a member cannot be liquidated to repay the debts of a
company.
6] Common Seal :
A company is an artificial person. So its day-to-day functions are conducted by
the board of directors.
So when a company enters any contract or signs an agreement, the approval is
indicated via a common seal. A common seal is engraved seal with the
company’s name on it.
7] Transferability of Shares :
In a joint stock company, the ownership is divided into transferable units known
as shares.
In case of a public company the shares can be transferred freely, there are
almost no restrictions.
And in a public company, there are some restrictions, but the transfer cannot be
prohibited.
Formation of a Joint Stock Company
-Justice Lindley
A. Promotion:
TYPES OF PROMOTERS
They are the people who conceive new ideas of business, take necessary steps to
set up the business unit to give it a shape and ultimately control and manage it.
Most promoters in India (like Tata, Birla, ) fall in this category.
There are certain financial institutions which provide financial assistance and
guidance in launching new ventures and often collaborate with new
entrepreneurs to promote new business.
They also provide management and technical expertise to the existing
enterprises. (f) Government: Both the central and state governments also act as
promoters in most cases where the new business is floated either in public
sector or joint sector which involve huge amount of capital and risk. HMT,
ONGC, SAIL, BHEL are glaring examples of units set up by the government.
The promotion stage starts with the discovery of the idea to set up the business.
It includes the different decisions related to the type of business capital
requirement, profitability and how many human resources are needed for this
business, and so on.
The promoter also analyses all these resources and the degree of risk involved
so that it will come to know what is good or not good for the company.
2. Suitability:
Once the idea is formed the next step is to check the feasibility or we can say
suitability of the business idea. The promoter starts doing a detailed
investigation for the practical shape of the idea of the business.
In this stage, the promoter takes the help of the experts like chartered
accountants, engineers, regarding the decisions related to the size of the
business, location, capital requirement, and the purchasing of machinery &
equipment for the business.
3. Name Approval:
Every company needs registration to gets its name approved. Under this stage,
the approval of the name of the company is given by the registrar after the
investigation related to the other company’s name. In other words, we can that
the name of the company does not match the other company’s name.
4. Memorandum of association:
The promoter decides about the people who will be signing the memorandum.
In this stage, the people who sign the MOA with written consent become the
first directors of the company.
5. Appointment of professionals:
The promoter appointed the bankers, brokers, and underwriters for the smooth
flow of financial dealing and ensuring the availability of the capital.
6. Documentation:
In this stage, legal documents are prepared which have to submit to the registrar
at the time of the commencement of the business.
B. Incorporation:
This is the second stage of the formation of a Joint Stock Company. It means
the registration of the company which is incorporated under the companies act
1956.
A sole proprietorship or partnership firm can be formed to carry out its business
even without any registration. But a company can not be formed or permitted to
run its business without registration. Infact, a company comes into existence
only when it is registered with the Registrar of Companies
1. Memorandum of association
2. Articles of Association
3. Statement of authorized capital
4. A list of directors with their names, addresses, age, and occupation
5. Address of the registered office of the company.
With the filling of the documents, the specified fee for the registration also has
to submit or deposited. The registration fee depends on the amount of
authorized capital.
On the other hand, the registrar verifies all the documents and checks the
deposited fee receipt for finalizing the name of the company.
3. Certificate of Incorporation:
once the name of the company is finalized then the registrar issues a certificate
of incorporation.
The effect of the certificate of incorporation represents that the company is
legally born on the date printed on the certificate. It is now considered as a
separate legal entity with perpetual succession from the date of incorporation.
C. Capital Subscription:
This stage includes the task of obtaining the required capital for the
commencement of the company. In the case of a private company, after getting
the certificate of incorporation it can start the business but the public company
has to perform some activities which are as follows:
4. Allotment of shares:
When a company is listed under the stock exchange then the company has to
submit a return of allotment with the registrar stating the addresses, names, and
number of shares allotted to the shareholders.
D. Commencement:
The registrar issue the certificate of Commencement of business after receiving
the minimum subscription, along with the application. This is the final stage and
in this stage legal documents are prepared after the certification company can
run its operation smoothly.
In case of a private limited company, it can immediately start its business as
soon as it is registered. However, in case of public limited company a
certificate, known as ‘certificate of commencement of business’ , must be
obtained from the Registrar of Companies before starting its operation. For this
purpose it has to file a statement with the following declarations to the Registrar
of Companies.
(a) That a prospectus has been filed with the Registrar of Companies.
(b) That the shares have been allotted upto the amount of the minimum
subscription. SEBI- Securities and Exchange Board of India Senior Secondary
Business Organisations
(c) That the Directors have taken up or purchased the minimum number of
shares required to qualify themselves to be Director.
(d) That no money is liable to become refundable to the applicants by reason of
failure to obtain permission for shares to be traded in a recognised stock
exchange.
(e) A statutory declaration by a Director or the Secretary of the company stating
that the requirements relating to the commencement of business have been duly
complied with.
1. Larger Capital.
2. Limited Liability.
3. Stability of Existence.
4. Economies of Scale .
5. Scope for Expansion .
6. Public Confidence .
7. Transferability of Shares .
8. Professional Management.
9. Tax Benefits.
10. Risk Diffused .
11. Social Benefits .
12. Greater Borrowing Capacity .
13. Promotes Savings and Investment .
14. Greater Accountability .
15. Greater Adaptability .
16. Synergy of Capital and Capability
17. .Use of Latest Technology.
1. Difficulty in Formation.
2. Lack of Secrecy .
3. Delay in Decision Making .
4. Concentration of Economic Power .
5. Lack of Personal Interest.
6. More Government Restrictions.
7. Incapable and Unscrupulous Management.
8. Undue Speculation in the Shares of the Company.
9. Impersonal Work Environment .
10. Numerous Regulations.
11. Oligarchic Management.
12. Conflict in Interests.
13. Lack of Motivation and Personal Touch.
14. Social Evils.
15. Separation between Ownership and Management.
16. Fraudulent Promotion and Management.
17. Adverse Impact of Large Scale.
18. Lack of Continuity .
19. Lack of Secrecy and a Few Others.
1. Larger Capital- The huge capital required by modern enterprises would not be possible
under other forms of organisations like sole individual proprietorship and even in partnership.
The joint stock company by its widespread appeal to investors of all classes can raise
adequate resources of capital required by large-scale enterprise.
2. Limited Liability- Liability of the shareholders of a company is limited to the face value
of the shares they have purchased. It has a stimulating effect on investment. The private
property of shareholder is not attachable to recover the dues of the company.
4. Economies of Scale- Since the company operates on a large scale, it would result in the
realisation of economies in purchases, management, distribution or selling. These economies
would provide goods to the consumer at a cheaper price.
9. Tax Benefits- Company pays lower tax on a higher income. This is because of the reason
that the company pays tax on the flat rates. Similarly, company gets some tax concessions if
it establishes itself in a backward area.
10. Risk Diffused- The membership of a company is large. The business risk is divided
among several members of the company. This encourages investment of small investors.
Conclusion:
Most of the negative points listed above radiate, basically, from the weaknesses
of the persons who are entrusted with the task of management; they are in no
way a natural part of the system itself. If the management and control of a
company is in right hands, no form of organization can be parallel to it.
TYPES OF COMPANIES
Chartered Companies
Statutory companies
Registered Companies
Chartered Companies
Companies are laid down in the charter under which they are established. Such
Companies were generally started in the 17th and 18th centuries. The East India
Company, The Bank of England, the Chartered Bank, etc., are examples of
Statutory companies
Statutory companies are those which are incorporated under a special act
By the special act under which they are established. The method of incorpora-
Tion is used for companies of national importance and public benefit, such as
Railways, electricity supply companies, water works etc. The Reserve Bank of
India, the State Bank of India, the Life Insurance Corporation of India, the In-
Dian Airlines Corporation, the State Trading corporation of India, etc., are ex-
Registered Companies
Act. The activities of registered companies are governed by the Companies Act.
Registered companies are the most important type of Companies, Most of the
Into three classes from the point of view of liability of the members. They are
• Unlimited companies.
Fixed amount which they have guaranteed or agreed to contribute to meet the
Association. The members are required to pay the amount guaranteed by them
Only if the company is wound up and if the assets of the company are insuffi-
Cient to meet its debts, art, science, sports, culture, religion, etc, these compa-
Nies may or may not have share capital. If such companies have share capital,
The members are to pay the amount which are in paid on their shares and the
Amount guaranteed by them. Such companies are very few in number.
Allegation, the members can be called upon to pay an ‘unlimited amount even
From their private assets to satisfy the debts of the company. Such companies
Registered companies may be divided into three classes from the point of
They are:
• Private Companies
• Public Companies
• Government Companies
(iv) Private companies
Which does not invite the public to subscribe to its shares or debentures.
Which generally invites the public to subscribe to its shares and debentures and
Which generally does not restrict the right of its members to transfer
Shares or debentures
Government and partly Central Government and partly by one or more State
Governments.
Company,A Holding Company is one which holds more than half of the
nominal
Value of the equity share capital of another company or which controls the
For example X Company holds 51% of the nominal value of the equity share
• The Registrar
• It need not hold a statutory meeting and need not send statutory re-
• It need not file with the Registrar a list of Directors and the consent
Advantages
Lowering costs
Disadvantages
Handling logistics.
Comparison Chart
BASIS FOR
DOMESTIC BUSINESS INTERNATIONAL BUSINESS
COMPARISON
Meaning A business is said to be domestic, when its International business is one which is
economic transactions are conducted within engaged in economic transaction with
the geographical boundaries of the country. several countries in the world.
BASIS FOR
DOMESTIC BUSINESS INTERNATIONAL BUSINESS
COMPARISON
1. It is one which is engaged in an economic transaction with several countries in the world.
3. Many restrictions are imposed while doing business internationally or entering foreign market
e.g. Tariff and non-tariff barriers, exchange controls, local taxes, etc. International and host
country regulations are applicable.
5. The market culture widely varies among different nations and regions.
6. Liking and disliking of the customers are heterogeneous
10. Global human resource practices are carried out in an international business.s
11. Marketing and advertising strategies vary from country to country due to language barriers.
13. Quality standards are very high. Global standards are set.
1. A business is said to be domestic when its economic transactions are conducted within the
geographical boundaries of the country.
2. It is carried out within the national or geographic borders of the country (intra-country).
3. Tariffs and quotas are not present and very few local restrictions are imposed on domestic
business. Only local regulations are applicable and are uniform throughout the country.
5. There is less difference in the market culture of local areas and regions within a country. The
market culture 1s relatively uniform.
6. Liking and disliking of the customers are homogeneous.
11. Keeping the knowledge of domestic requirements, practices and culture, domestic marketing
and advertising strategies are used.
14. To conduct business research, demand analysis, and customer survey is easy.
11. Further Issue of Shares- A Private Company need not offer the further issue
of shares to its existing shareholders, whereas a Public Company has to offer the
further issue of shares to its existing shareholders as right shares.
Further issue of shares can only be offer to the general public with the approval
of the existing shareholders in the general meeting of the shareholders only.
13. Quorum- The quorum in the case of a Private Company is TWO members
present personally, whereas in the case of a Public Company FIVE members
must be present personally to constitute quorum. However, the Articles of
Association may provide and number of members more than the required under
the Act.
1. Objective:
Private enterprises are mainly profit-driven. Hence, they perform only those
economic activities which offer a regular and steady return on capital
investment. On the other hand, Public enterprises are guided by several socio-
economic and political objectives.
They perform a scale of operations with little regard for making profit.
2. Ownership:
3. Management:
However, there is enough scope for initiative and dynamism because policies
can be modified or even relinquished according to the requirements of the
particular situation.
On the other hand, there is little room for initiative and dynamism in public
sector enterprises because the managers of such enterprises are expected to
function within the rigid policy framework and rules framed by the
Government.
4. Capital:
Private enterprises get their capital from the resources owned by the private
investors/owners.
They have limited capacity to raise capital and may face shortage of funds. On
the other hand, the full or at least 51 per cent of the capital of a Public enterprise
is provided by the Government from public funds.
Such an enterprise can never be short of funds because Government can collect
unlimited financial resources.
5. Freedom of Management:
In a private enterprise, the owners are free to manage and control the affairs
with minimum interference from outside agencies.
A private enterprise can easily execute its policies and operations to meet the
demands of any situation. There are few restrictions on its owners for attaining
the objectives and policies of the enterprise.
7. Area of Operations:
Private enterprises are ready to pursue any realm of investment where steady
and reasonable returns are expected. But, public enterprises operate mainly in
the field of basic and strategic industries, public utility services and other areas
of social benefit.