Abstract Under Indian law, there are three legal forms which exist for Non-Profit organizations: 1. Trusts 2. Societies 3. Section 8 companies Section 8 companies have the most reliable strongest organizational structure because of the privileges and exemptions which are granted to them by the Central Government. Section 8 companies are those companies which are formed for the sole purpose of promoting commerce, art, science, religion, charity or any other useful object and have been granted a licence by the central government recognizing them as such. This paper seeks to analyze the reasons for setting up a company under Sec.8 and examines the statutory advantages and disadvantages of such companies through judicial and statutory interpretations. The researcher has also analyzed the feasibility and efficiency of companies which have been established under this Section. Companies established under Sec.8 of the Companies Act of 2013 require the prior sanction of the Central Government. This section corresponds to Sec.25 of the Companies Act of 1956. The Central government, under a licence has the discretion to allow a company to drop the words ‘Limited’ from its name. Therefore the companies established under Sec. 8 of the Companies act of 2013 need not have the …show more content…
Since this section confers the privilege to a company to not have ‘Ltd’ or ‘Pvt Ltd’ after its name, the licence is granted only after the approval given by the Registrar of Companies who is a government functionary. The licence, therefore is given according to the discretion of the Central Government ‘subject to such regulations’ as the government thinks fit. In the case of ADRBM Mandal v. Joint Charity Commissioner , the government was of the view that the UP Chambers of Commerce must be given the privilege of establishing a company under Sec. 8 and hence the licence was granted by the government in this
Limited company is an organisation in which allow you set up and run your business. Any profits which are made within a limited company stays within the company after it has paid corporation tax, which then allows the company to share its profits.
Limited Partnership which has adopted laws based on the Revised Uniform Limited Partnership Act (RULPA), would be a better option for you if
Limited Company – Organisations set up to run your business. They must adhere to legislation such as The Companies Act 2006. This act sets out duties the appointed director holds. For example, to ‘act within your power as a company director’. These businesses need to be registered with Companies House and must submit any important
“Morality cannot be legislated, but behavior can be regulated. Judicial decrees may not change the heart, but they can restrain the heartless” (Martin Luther King, Jr., Strength to Love, 1963). These words of Martin Luther King, Jr. speaks volume to the society that we find ourselves. It is very rare to come across business owners like Frank who wants to do what is right; first of all, by God and secondly by the laws of the country. According to Henry Cheeseman, a limited liability company is an “unincorporated business entity that combines the most favorable attributes of general partnerships, limited partnership, and corporations” (Business Law: Legal Environment Online Commerce, Business Ethics, and International Issue). The overall advantages of a limited liability company include personal liability protection, business liability protection, no ownership restrictions, flexible tax statues, no separate tax returns, no double taxation and flexible profit distribution.
When people first hear organazation, they think of cleaning. However, Organazation can be organizing not only physically, but mentaly too. Yet, both physical and mental organazation is important not only for being a motivated person, but also important for many diffrent aspects. There are few adventages of being organazized that I will talk about.
As Datastroy Limited (the "Company") is a private company, it is prohibited from offering its shares to the public according to Section 755 of the Company Act 2006 (CA 2006). Therefore, for the Company to carry out its flotation activity on the Main Market, which is also known as Initial Public Offering (IPO), it must become a public company. The Company must re-register as a public company in pursuant of section 90-96 of the Company Act 2006 (CA 2006). The Company in its present form is eligible for re-registration as a public company, as it meets the requirement of s 90 (2)(a) of CA 2006 that provides that "only a private company with a share capital may be re-registered as a public company". In doing so, the Company must pass a special or written resolution to approve the re-registration and to alter the company 's name in conformity to the requirement of s 58(1) CA 2006, which requires the name to end with public limited company (plc).
|SIDBI |April 1990 |SIDBI Act 1989 |To promote and finance small industry and to coordinate the functioning of |
Should people be more organized with papers and everything else? Studies have shown people who are more organized can have clearer thoughts also be less stressed and can be more focused Not be organized can result in depression and stress.
Proprietary limited company is a corporate that has a separate legal existence, perpetual succession and limited liabilities and it also governs by the Australian Securities and Investments Commission (ASIC). Proprietary limited company is not on the ASX list, which means it could not raise funds from the public. Before registration, company must have a constitution or
The courts will lift the veil of incorporation when it is in a certain of circumstances. There were some circumstances need to remove the veil of incorporation and it were supported by some case law. Firstly, the main purpose of promoter set up a company is to avoid or dishonestly evade an existing legal duty or to commit fraud. From the case law of Gilford Motor Co. Ltd. V Horne (1933) (Economictruth, 2013)as a mirror to reflect the circumstances of dishonestly evading the promoter’s existing legal duty. Mr Horne was a car salesman for Gilford Motor Co.Ltd and he left the company. He was personally bound by a contract which mentioned after he left the company, he wasn’t allowed trade with his
Thus AS Ltd cannot operate in areas including city and suburban locations, and cannot engage in activities such as town planning that
East India Company was originally named “The Governor and Company of Merchants of London trading into East Indies”. It was incorporated in Britain on the 31st December 1600, by a charter of Queen Elizabeth which settled its constitution, powers and privileges. It obtained a royal charter from Queen Elizabeth I, granting it monopoly at the trade with the East. A joint stock company, shares primarily owned by British Merchants and aristocrats, the East India Company had no direct link to the British government. The Queen though had sovereign power over this polity. If the state of Britain was considered a polity, then East India Company, a corporation in modern sense of the term was a citizen of that polity. But if East India Company was considered a corporate polity, then the different shareholder groups were conceived as citizens of this polity called East India Company.
When Haili and John registered a proprietary company or form a partnerships, there are some legal rules and regulations attached to each of the type. To face those rules and regulations appropriately, a proper consideration is required by the each party.They have to know that a proprietary company is a smaller form of a public company when a partnerships is a form of organization when two or more people gather and do a business together (Pearce 2015). Consideration from the party comes from the management of the company and the willingness to use their personal debts. When Haili and John wants to be a director of Sparkle Pty Ltd, they can form a partnerships or a proprietary company. A proprietary company is a small company under the Corporations act 2001 (Cth), thus a partnership is only bind under The Partnership Act 1985. If Haili and John wants to manage the organization and be liable for the debt that arise from the organization, they can form a partnerships. Therefore, a proprietary company is separate legal entity and the amount of each party are liable for only the number of shares they own on the company (Pearce 2015). There is another form of partnership called limited partnerships that the members can have limited liability but cannot manage on the partnership (Pearce 2015). According to Seago and Horvitz (1980), a partnerships may have a characteristics of minimum 2 or more members and each party is a liable party if the partnerships goes
Capital Pty Ltd is inquiring into the Commissioner of Tax’s notice disallowing the tax deduction for bad debt. The Commissioner based the argument on the premise that Capital Pty Ltd is a mere appendage of Eastfield Ltd. This being the case, it is necessary to examine the exact relationship between Capital Pty Ltd and Eastfield Ltd and determine the likelihood of the courts lifting the corporate veil.
Enabling business policy and regulatory environment: The Indian government has encouraged this sector by providing incentives and non-financial assistance, and by creating enabling regulations.