TYPES OF COMPANIES

TYPES OF COMPANIES

1.  STATUTORY COMPANY:- All those companies, which operate under the special act passed by the State Legislature or Parliament, are called statutory companies. They are formed for special purpose by a special Act of Parliament. Included in this category are the unit Trust of India, Life Insurance Corporation, Reserve Bank of India, State Bank of India and so on. Such companies are not required to use the word ‘limited’ as part of their name. For example, Reserve Bank of India. Such companies are required to get their accounts audited by Comptroller and Auditor General of India and are publicly accountable to the State Legislature/Parliament.

2. GOVERNMENT COMPANY:-  According to Section 2(45) of The Companies Act, 2013 "a Government company means any company in which not less than 51% of the paid-up capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments and includes a company which is a subsidiary of a government Company".

3.  FOREIGN COMPANY:-  According to Section 2(42) of The Companies Act, 2013 "A foreign company is one that is incorporated outside India but has place of business or business operations in India.

4.    HOLDING COMPANY:- Under Section 2(46) of The Companies Act, 2013, a company is deemed to be a holding company if the other company is its subsidiary company. A company becomes a subsidiary company when other company controls 51% or more of its paid-up share capital, has right to appoint directors on its board, or is a subsidiary of another subsidiary company.

5.     SUBSIDIARY COMPANY:- According to Section 2(87), a company is deemed to be a subsidiary of another company if and only if -

(a) That other company controls the composition of its board of directors, it implies that the controlling company (holding company) has the right to exercise the power of appointing or removing any person or a majority of persons from the directorship at its own discretion; or

(b)      That other company holds more than half in its nominal value of its equity share capital;  or

(c)      That other company is a subsidiary of any company, which is that other's subsidiary.  For example, Company B is a subsidiary of Company A, and Company C is a subsidiary of Company B.  Since, Company B is a subsidiary of Company A, Company C becomes the subsidiary of Company A as well.

(d)      In case of a body corporate which is incorporated in a country outside India, a subsidiary or holding company of the body corporate under the law of such country shall be deemed to be a subsidiary or holding company within the meaning and for the purpose of this ad whether the requirements of this section are fulfilled or not. It implies that if a company  operating in India is a of a foreign company, it will be treated as such irrespective of the fact whether in India, if it fulfills conditions (subsidiary a), (b) and (c) listed above or no.

6.   REGISTERED COMPANY:- All those companies that are registered under The Companies Act, 2013, are called Registered Companies.

7.   LIMITED LIABILITY COMPANY

   (a)   LIMITED BY SHARES:--According to Section 2(22) of The Companies Act, 2013 " A company in which the liability of shareholders is restricted to the amount of unpaid calls on shares is known as limited company.

    (b) LIMITED BY GUARANTEE:--According to Section 2(21) of The Companies Act, 2013 " A company in which the        

            liability of shareholders is restricted to the amount of Guarantee given is called limited by guarantee.

8.    UNLIMITED LIABILITY COMPANY:- According to Section 2(92) of The Companies Act, 2013 A company in which the liability of shareholders is not restricted only to the value unpaid of shares is known as unlimited company

9.    PUBLIC COMPANY:- According to Section 2(71) of the Act, 'public company' means a company which (a) is not a private company; (b) has a minimum paid-up capital as may be prescribed; and (c) is a private company which is a subsidiary of a company which is not a private« company. After Companies (Amendment) Act, 2000, a public company cannot be registered with a capital of less than Rs. 5 lakhs. Public companies invite the public at large to participate and subscribe for the shares in, or debentures of, the company and there are no restrictions on transfer of shares.

10.    PRIVATE COMPANY:- According to Section 2(68), a private company means a company which has a minimum paid-up capital as may be prescribed, and by its articles:

(a)      Restricts the rights of members to transfer its shares.

(b)      Except in one person company, limits the number of its member to 200 excluding: (i) persons who are in 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.  For this purpose joint holders of shares will be counted as single members.

(c)      Prohibits any invitation to the public to subscribe to any shares in, or debentures of, the company.

(d)      Prohibits any invitation or acceptance of deposits from persons other than its member, directors, and    relatives. Private companies do not involve participation of public in general.

11.    LISTED COMPANY:- A listed company is a public company which has any of its securities listed in any recognized stock exchange.

12.    UNLISTED COMPANY:- An unlisted company is one whose securities are not listed on any recognized stock exchange for trading.

13.One person company -- According to Section 2(62) of The Companies Act, 2013, a company which has only one person as member is called one person company.

Important Note: In the case of private companies shares are not listed in any stock exchange.

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