A
company is a voluntary association of individuals formed to carry on business
to earn profits or for non profit purposes. These persons contribute towards
the capital by buying its shares in which it is divided. A company is an
association of individuals incorporated as a company possessing a common
capital i.e. share capital contributed by the members comprising it for the
purpose of employing it in some business to earn profit.
“As
per Companies Act 1956, a company is formed and registered under the Companies
Act or an existing company registered under any other Act”.
Types
of Companies:
Companies
can be classified under the following heads:
1.
On the basis of formation.
2.
On the basis of liability.
3.
On the basis of ownership.
1.
On the basis of formation: On the basis of formation companies
can be categorised as:
(a)
Statutory Company: A company formed by a Special Act of
parliament or state legislature is called a Statutory Company. Reserve Bank of
India, Industrial Financial Corporation of India, Life Insurance Corporation of
India, Delhi State Finance Corporation are some of its examples.
(b)
Registered Company: A company formed and registered under the
Companies Act, 1956 or earlier Companies Acts is called a Registered Company.
The working of such companies is regulated by the provisions of the Companies
Act.
2.
On the basis of liability: On the basis of liabilty, companies
can be catagorised as:
(a)
Company limited by shares: The liability of the member of such
company is limited to the face value of its shares.
(b)
Company limited by guarantee: The liabilty of each
member of such company is limited to the extent of guarantee undertaken by the
member. It may arise in the event of its being wound up.
(c)
Unlimited Company: The company not having any limit on the
liability of its members, is called an unlimited company. Liability in such a
case extends to the personal property of its shareholders. Such companies do
not use the word ‘limited’ at the end of their name.
(d)
Company under section 25: A company created under section-25
is to promote art, culture and societal aims. Such companies need not use the
term limited at the end of their name. Punjab, Haryana, Delhi chambers of
commerce, etc. are the examples of such companies.
3.
On the basis of ownership: On the basis of ownership, companies
can be catagorised as :
(a)
Private Company: A private company is one which by its
Articles of Association :
(i)
restricts the right of members to transfer its shares;
(ii)
limits the number of its members to fifty (excluding its past and present
employees);
(iii)
prohibits any invitation to the public to subscribe to its shares, debentures.
(iv)
The minimum paid up value of the company is one lakh rupees (Rs 100000). The
minimum number of shareholders in such a company is two and the company is to
add the words ‘private limited’ at the end of its name. Private companies do
not involve participation of public in general.
(b)
Public Copmpany: A company which is not a private company
is a public company. Its Articles of association does not contain the above
mentioned restrictions. Main features of a public company are : (i) The minimum
number of members is seven.
(ii)
There is no restriction on the maximum number of members.
(iii)
It can invite public for subscription to its shares.
(iv)
Its shares are freely tansferable.
(v)
It has to add the word ‘Limited’ at the end of its name.
(vi)
Its minimum paid up capital is five lakhs rupees (Rs 500,000).
(c)
Government Company: A Government company is one in which not
less than 51% of its paid up capital is held by (1) Central Government or (2)
State Government, or (3) partly by Central Government and partly by State
Governemt. Example of a Government company is Hindustan Machine Tools Limited,
(HMT) State Trading Corporation (STC). Minerals as metals training corporation
(MMTC).
(d)
Foreign company: A foreign company is one which is
incorporated outside India but has a place of business in India, for example
Philips, L.G, etc. standard materials.
(e)
Holding company and Subsidiary company: A holding company is a
company which controls another company (called subsidiary company) either by
acquiring more than half of the equity shares of another company or by
controlling the composition of Baord of Directors of another company or by
controlling a holding company which controls another company.
(f)
Listed company and unlisted company: A company is required to
file an application with stock exchange for listing of its securities on a
stock exchange. When it qualifies for the admission and continuance of the said
securities upon the list of the stock exchange, it is known as listed company.
A company whose securities do not appear on the list of the stock exchange is
called unlisted company.
