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Justify the following statement. Member and Shareholder are interchangeable terms. - Secretarial Practice

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Question

Justify the following statement.

Member and Shareholder are interchangeable terms.

Answer in Brief
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Solution

(1) According to the procedure under the Company Law, the name of a person who has been allotted shares (Le. a shareholder) has to be entered in the Register of Members. Thus, he becomes a member of the company. It is for this reason that the two terms ‘member’ and ‘shareholder’ are interchangeably used to mean the same person. However, this is true in the case of (i) a company limited by shares, (ii) a company limited by guarantee and having a share capital, and (iii) an unlimited company having a share capital.

(2) But in the case of a company limited by guarantee without share capital and an unlimited company without share capital, a member is not a shareholder. Thus, a member may or may not be a shareholder and Vice versa. A person who subscribes to the Memorandum of Association may not have been allotted any shares. He is a member but not a shareholder. A shareholder who has transferred his shares ceases to be a shareholder but continues to be a member till the transfer 15 registered. Thus, a person may be a member without being a shareholder, or he may be a shareholder without being a member.

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Members of a Company
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Chapter 5: Members of a company - Exercise Q.5 [Page 75]

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Balbharati Secretarial Practice [English] 11 Standard Maharashtra State Board
Chapter 5 Members of a company
Exercise Q.5 | Q 1 | Page 75

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