Monday, July 20, 2020

~Types Of Companies And Their Incorporation~💛

                      HELLO  EVERYONE !                               I AM HERE TODAY TO HELP YOU OUT IN UNDERSTANDING HOW MANY TYPES OF COMPANIES WE HAVE.


First of all Let me know in comments if you were knowing the meaning of the word ‘COMPANY'
  
So the word ‘company' is derived from the Latin word ‘Companis' which means ‘com' (with or together), ‘panis' ( bread or meal ) so this is reffered to an association of persons or people having meal together 🍜

SO THERE ARE THREE TYPES OF COMPANIES WE HAVE AND OTHER ARE ALL  HOLDING TYPES OF COMPANIES OF THIS THREE COMPANIES . EXAMPLE -A HOUSE  IS A COMPANY AND OTHER COMPANIES EXCLUDE THIS THREE TYPE OF COMPANIES ARE THE ROOMS OF THE COMPANY.

[ALL THE COMPANIES  REGISTERATION ARE DONE IN ROC ‘REGISTER OF CORPORATION’ WHICH IS SITUATED UNDER MCA ‘MINISTRY OF CORPORATE AFFAIRS'.ALL THE STATES HAVE ONE ROC EXCEPT MAHARASHTRA AND TAMIL NADU HAS TWO ROC OFFICE ]

1) PUBLIC CO SECTION 2(71):- ITS NAME ENDS WITH ‘ PUBLIC LIMITED COMPANY ' WHICH COMES UNDER COMPANIES ACT 2013.
Public company means a company in which the ownership is distributed among the public as ‘equity shares'.The equity share holders are the owner of the company. Many private company turn their companies into public to raise their capitals. Who ever buys the equity shares of the company becomes the owner of the company and also has to accept both the loss and profit of the company. Company may pass the IPO ‘Intial public offer' to general public to buy their shares And company also has to trade atleast one stock exchange. Public company is answerable to their shareholders. Shareholders get right to vote for the corporate affairs. 
 IN PUBLIC COMPANY 
                        MINIMUM      MAXIMUM
DIRECTORS.     3                     15           
MEMBERS.       7                   NO LIMIT

FOR INCREASING THE MAXIMUM DIRECTORS FROM 15 YOU NEED TO PASS ‘SPECIAL RESOLUTION' IN WHICH THE VOTE SHOULD BE THREE TIME MORE THEN THE AGAINST VOTE .
EXAMPLE :- AMONG 100 MEMBERS 75 SAID YES FOR INCREASING THE NUMBER OF DIRECTORS AND OTHER SAID NO .SO THE VOTE IS 25 SAID NO AND 75 SAID YES :-25+25+25 IS 75 SO THE VOTE IS 3TIMES MORE THEN AGAINST VOTE SO THE RESOLUTION CAN BE PASSED .


2)PRIVATE COMPANY SECTION 2(68) :- ITS NAME ENDS WITH ‘PRIVATE LIMITED COMPANY’.WHICH COMES UNDER COMPANIES ACT 2013.
A private company is a firm held under private ownership. Private companies may issue their stock and have shareholders, but their shares are not traded on public exchanges and are not issued through an initial public offering (IPO) And are non government Organization.
RESTRICTION FOR PRIVATE COMPANY
1)Number of members cannnot exceed 200,exclude employees.
2)Cannot freely transfer it's shares
(with restrictions yes)
3)Cannot make and initial public offer (IPO)
To general public to subscribe it's security (shares).
 
IN PRIVATE COMPANY :-
                   MINIMUM       MAXIMUM
DIRECTORS   2                        15 
MEMBERS     2                       200


FOR INCREASING THE MAXIMUM DIRECTORS FROM 15 YOU NEED TO PASS ‘SPECIAL RESOLUTION' IN GENERAL MEETING.

Private Company Can Also Be A SMALL COMPANY SECTION 2(85):- 
Condition -capital should not exceed ₹50lakh .
                  Turn over should not exceed ₹2crore
Higher amount prescribed by central government not exceeding ₹ 10crore .
Higher turnover amount prescribed by central government 100 crore.

3) ONE PERSON COMPANY SECTION 2(62) :- THE 2013 ACT INTRODUCES A NEW TYPE OF ENTITY TO THE EXISTING LIST .OPC MEANS A COMPANY WITH ONE PERSON AS ITS MEMBER.
It has only one member.
A nominee must be appointed.
One director is sufficient.
One person comapny cannot invest in shares of other companies. 
Minor not allowed
VOLUNTARY FOR OPC  :- Cannot convert upto 2 years from the incorporation to Pvt or public ltd co.
COMPULSARY FOR OPC:- If capital exceeds ₹50lakh or total income of preceding 3 financial year exceed ₹2 crore then it's obligatory to convert it from OPC to other company.
Resident in india :-Have been in country for atleast 182 days in last financial year.

HOPE THIS INFORMATION WOULD BE HELPFUL TO YOU ❤️😁👍















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