Companies act, 2013

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Companies Act, 2013 By Nikunj Parmar Mo- +919033725594 E-mail [email protected]

Transcript of Companies act, 2013

Companies Act, 2013

By Nikunj ParmarMo- +919033725594

E-mail [email protected]

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Companies Act,2013

Approved Lok sabha given 18th November, 2012

Approval by Rajya sabha given on 8th Augest,2013

Assent by honorable President of India

Notified in the Gazatte of Inidia on 30th August, 2013 as the companies Act, 2013 ( 18 of 2013 )

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Sac 2(20) of companies Act, 2013

According to any company incorporated under this actor under any previous actor under any law

Definition of company

Kinds of Companies

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Private company Public company

Limited company Unlimited company

Holding company Subsidiary company Associate company

Kinds of Companies

size

Liabilities

Control

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Listed company Unlisted company

Foreign company Government Company Non-Profit origination (Charitable object)

Kinds of Companies

Listing of Shareson the stock exchange

Other company

Private company

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“Pvt.com.” i.e. A company having a minimum paid-up share capital of Rs.1 LakhOrSuch higher paid-up capital as may be prescribed, and which by its articles, -i) restricts the right to transfer its share ii) except in case of One Person Company, limit the number of its member to 200

Section 2(68) Definition

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Provided that where 2 or more person hold one or more shares in a company jointly, they shall for the purpose of this clause, be treated as a single member

Provided Further that (A) Persons who are in the employment of the company and (B) Persons who have having been formerly in the

employment of the company, were member of the company while in that employment and have continued to be member after the employment ceased shall not be included in the members and

Section 2(68) Definition

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iii) Prohibits any invitation to the public to subscribe for any securities of the company

Section 2(68) Definition

Public company

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Public company i.e. a company which –a) Is not a private company b) Has minimum capital of Rs. 5 Lakh or such

higher paid up capital as may be prescribedProvided that a company which is a subsidiary of a company, not being a private company, shall be deemed to be a public company for the purposes of this Act even where such subsidiary company continuesto be a private company in its articles.

Sec 2(71) Public company

One person company

It is my company

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Sac 2(62) One person Company i.e. a company which

has one person as a member.

One person company

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Is only private company All provision are applicable equal

One person company

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Small company

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It paid up share capital does not exceed

- Rs 50 lakh or- such higher amount as may be

prescribed (not more then Rs.5 crore)

Its T/o does not exceed- Rs 2 crore or- such higher amount as may be

prescribed (not more then Rs.20 crore)

Small company

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Associate Company

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i.e. in relation to another company

Means , a company in which that other company has significant influence , but

which is not subsidiary company of the company having such influence and includes joint venture company

Associate Company

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Government company

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Sac 2(45) of the companies Act, 2013 i.e. any company a) in which not less than 51% of paid up capital is held

i) Central Govt. orii) State Govt. oriii) Both

b) Which is subsidiary of a Government company

Government company

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