Corporate law

Datkhile santosh

Corporate laws
Companies Act RUTP Act FEMA

SEBI

Companies Act, 1956

1. Introduction to Company 2. Raising Of Capital 3. Formation of Company 4. Loan to company

5. Management of Company

URTP
1. Restrictive Trade 2. Unfair Trade Practice

3. Commission under the Act

4. Procedure of investigation

FEMA
Regulation of import and export Exchange control regulation Acquisition of immovable goods

SEBI
SEBI procedure book

SEBI Act

Definition of company
Companies Act 1956, sec(3)(i) a Company means a Company registered and formed under this Act or an existing Company as defined by clause ii of this section Company is registered association of persons who is an artificial and legal person having separate entity, perpetual succession, common seal, BOD, transferable shares and separate name.

features of company
Characteristics of Company1. Artificial & legal person 2. Separate entity 3. Perpetual Succession 4. Common Seal 5. Transferable shares 6. Limited Liability 7. Membership

features of company
8. Incorporate association 9. Separate name 10.Separation of ownership & Mgt. 11.Raising of capital on the large scale 12.Capacity to sue 13.Rigidity of objects

Types of company

On the basis of incorporation1. Chartered company 2. Registered company 3. Statutory company

Types of company

On the basis of liability1. Company limited by liability 2. Company limited by guarantee 3. Unlimited company

Types of company
On the basic of members1. Private companysec. 3(1) (iii)"private company" 5[means a company which has a minimum paid-up capital of one lakh rupees or such higher paid-up capital as may be prescribed, and by its articles, (a) restricts the right to transfer its shares, if any; (b) limits the number of its members to fifty not including(i) persons who are in the employment of the company, and (ii) persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased; and

(c) prohibits any invitation to the public to subscribe for any shares in, or debentures of, the company; (d) prohibits any invitation or acceptance of deposits from persons other than its members, directors or their relatives

Types of company
On the basic of memberssec. 3(1) iv(iv) "public company" means a company which(a) is not a private company; (b) has a minimum paid-up capital of five lakh rupees or such higher paid-up capital, as may be prescribed; (c) is a private company which is a subsidiary of a company which is not a private company.]

Types of company
On the basis of shareholding
1. Subsidiary companySec. 4()
For the purposes of this Act, a company shall, subject to the provisions of subsection (3), be deemed to be a subsidiary of another if, but only if,(a) that other controls the composition of its Board of directors; or (b) that other(i) where the first-mentioned company is an existing company in respect of which the holders of preference shares issued before the commencement of this Act have the same voting rights in all respects as the holders of equity shares, exercises or controls more than half of the total voting power of such company; (ii) where the first-mentioned company is any other company, holds more than half in nominal value of its equity share capital; or] (c) the first-mentioned company is a subsidiary of any company which is that other's subsidiary.

Types of company
On the basis of shareholding2. Holding companySec. 4 (4) (4) For the purposes of this Act, a company shall be deemed to be the holding company of another if, but only if, that other is its subsidiary.

Types of company
On the basis of shareholding3. government company 4. one man company On the basis of scope of oparation
1. National company 2. International/ MNC 3. Foreign company

Types of company
Other type1. Association not for profitsec. 25(1)a) Formed for promoting of art, science, sport b) Using income or profit for said income c) Restrict distribution of dividend d) Formed as a limited company