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Question
Distinguish between.
Joint Hindu Family Firm and Joint Stock Company.
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Solution
| Points | Joint Hindu Family Firm | Joint Stock Company | |
| 1. | Meaning | In a Joint Hindu Family Firm, the Joint Hindu Family conducts business according to Hindu Laws. | A Joint Stock Company is an incorporated association created by law. It has an independent legal existence, is owned by shareholders, and managed by a Board of Directors. |
| 2. | Number of members | Membership of the firm depends upon the birth and death in the family. There is no limit on membership. | Private company- Minimum - 2 Maximum - 200 Public company- Minimum - 7 Maximum- No limit |
| 3. | Registration | Registration is not required. | Registration is compulsory under the Companies Act, 2013. |
| 4. | Liability | Karta has unlimited liability, and Co-parceners have limited liability. | Liability of shareholders is limited to the unpaid amount on their shares. |
| 5. | Capital | The Whole of ancestral property is used as capital. | Company can raise a large amount of capital by issuing shares and debentures. |
| 6. | Secrecy | Secrecy can be maintained within the family. | Less secrecy, since accounts and reports must be disclosed publicly. |
| 7. | Management | Karta manages the business and he is assisted by coparceners. | Managed by a Board of Directors elected by shareholders. |
| 8. | Government Control | There is limited government interference. | Board of Directors manages the Joint Stock company. There is strict government control. |
| 9. | Act | Joint Hindu Family Firms are governed by the Hindu Succession Act, 1956. | Joint Stock Companies are governed by the Indian Companies Act, 2013. |
| 10. | Formation | It is comparatively easy to form. | Formation of a Joint Stock Company is difficult, costly, and time-consuming. |
| 11. | Legal existence | A Joint Hindu Family firm does not have a separate legal existence independent of its members. | A Joint Stock Company has a separate legal existence. It is distinct from its members. |
| 12. | Minor member | Minors can become a member of the firm. | A minor cannot become a member in his/her own right, but shares can be held in the name of a guardian on behalf of a minor. |
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