मराठी

Concept of Company

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Topics

  • Introduction
  • Definition: Company
  • Features
  • Partnership vs Joint Stock Company
CBSE: Class 12
CISCE: Class 12

Definition: Company

  • "Company means a company incorporated under this Act or any previous Company Law." - Section 2(20) of the Companies Act, 2013
  • Lord Justice Lindley defines a Company as follows: "It is an association of persons who contribute money or money's worth to a common stock and employ it for some common purpose.'' 
  • "A Company is an artificial person created by law, having separate entity with a perpetual succession and a common seal''. - Prof. Haney
  • According to Chief Justice Marshal, "A company is a person, artificial, invisible, intangible and existing only in the eyes of law. Being a mere creation of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence”.
CISCE: Class 12

Difference Between Partnership and Joint Stock Company

Basis Partnership Joint Stock Company
Mode of Formation Formed by agreement; registration is not mandatory. Formed by registration under the Companies Act.
Regulatory Act Indian Partnership Act, 1932 Companies Act, 2013
No. of Members Min 2, Max 50 Public: Min 7, no max; Private: 2–200; OPC: only 1
Liability Unlimited, joint and several Usually limited to share value or guarantee
Profit Distribution As per the Partnership Deed or equally Declared by directors, approved by shareholders
Management Managed by partners Managed by the Board of Directors
Transfer of Shares Cannot transfer without the other partners’ consent Freely transferable (except in private/unlisted companies)
Business Scope Any business agreed by partners Only as per the Memorandum of Association
Winding Up By agreement or court order By legal process under the Companies Act, a court order is needed
Stability Affected by the death/retirement of partners Not affected by changes in shareholders
CBSE: Class 12
CISCE: Class 12

Key Points: Concept of Company

  • Need: Introduced to overcome drawbacks of sole proprietorship and partnership, like limited capital and unlimited liability.
  • Meaning: A company is a legal business setup formed by people contributing capital to run a business, recognised under the Companies Act, 2013.
  • Separate Legal Entity: It exists independently from its members; can own property, sign contracts, and face legal action in its own name.
  • Limited Liability: Members are responsible only for the unpaid value of their shares; personal assets are protected.
  • Perpetual Existence: The company continues even if owners or members change or pass away.
  • Transferability & Management: Public company shares can be transferred freely; managed by a Board of Directors, not by all shareholders.

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