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| 1. Companies |
Private Limited Companies
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Private companies means companies which by its
Articles of Association
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- Restricts the right of members to transfer its shares
- Limits the number of its members to fifty. In determining
this number of 50, employee-members and ex-employee members
are not to be considered.
- Prohibits an invitation to the public to subscribe to
any shares in or the debentures of the company
- Prohibits any invitation or acceptance of deposits from
persons other than its members, directors or their relatives.
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Public
Limited Companies |
Public Limited Companies means companies which are not
private limited companies.
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Companies
Limited by Guarantee |
In this category
of company the liability of its members is limited by its
memorandum of association to such amount as the members may
respectively thereby undertake to pay if necessary on liquidation
of the company. The liability of the members to pay the guaranteed
amount arises on liquidation of the said company and not when
it is a going concern. A guarantee company may be a company
with share capital or without share capital. |
Companies
under section 25 of the Companies Act 1956 |
Section 25 companies are formed for promoting commerce,
arts, science, religion, charity or other socially useful
objective and have been granted a license from the central
Government recognizing them as such. The profits earned
by these companies are not allowed to be distributed as
dividend to its members and same must be utilized in furtherance
of its objects.
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Unlimited Liability Companies
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Liability of members
of unlimited company is unlimited. |
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| 2. Trust |
Public Charitable Trust
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Private
Charitable trust |
Indian
Trust incorporated under Indian Trust Act |
Besides individuals,
a body of individuals, or and artificial person such as an
association of person, an institution, a limited company,
a Hindu Undivided Family through its karta, can form Trust.
There is no any Central Act applicable in all States of India.
Various states have enacted their own acts prescribing conditions
and procedure for the administration of public trusts. These
Acts are more or less similar in nature though there may be
certain variations.
The essential distinction between a public and a private trust
is that in case of Public Trust the beneficial endowments
vests in an uncertain and a fluctuating body of the persons
either the public at large or some considerable portion of
it answering a particular description. On the other hand ,
in a private trust the beneficiaries are definite and ascertained
individuals .
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| 3. Societies |
Societies are registered under the Societies Registration
Act, 1860. A society can be formed by any seven or more
persons assisted for any literary, scientific or charitable
purpose or for any such purpose as described in Section
20 of the Act, may, by subscribing their names to the memorandum
of association and filing the same with Registrar of Societies
form themselves into a Society under the Act. Foreigners,
partnership firms, limited companies, registered societies
can become members of the society.
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| 4. Limited Liability
Partnership (LLP) |
Limited Liability partnership (LLP) is an alternative business
model having benefits of a limited liability and flexibility
in structure as that of a partnership mutually decided by
executing a Partnership Agreement. It is a body corporate
and a legal entity separate from its partners incorporated
under the Limited Liability Partnership Act, 2008 (LLP Act)
having perpetual succession. This enables any two or more
entrepreneurs from diversified fields to come together and
provide services of any kind. It is also provided to convert
existing partnership firm or a private limited company or
an unlisted public limited company into an LLP. The Indian
Partnership Act, 1932 is not applicable to LLP. However
power is conferred on the Central Government to apply provisions
of the Companies Act, 1956 as appropriate, by notification
with such changes or modifications as deemed necessary.
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- Advice the client on choosing the format of corporate
structure
- Advice regarding name availability as per the Guidelines
- Advice on various matters pertaining to Registrar of Companies
- Drafting of Charter of the entity e.g. memorandum of association
and articles of association in case of companies, LLP agreement
in case of LLPs, Memorandum of rules and regulations in
case of societies.
- Incorporation of a Company / LLP/ Trust/ Society falling
under any category as mentioned-above
- Conversion of Partnership Firms into Part Nine Companies
- Conversion of Company into LLP
- Conversion of a Private Limited Company into a Public
Limited Company and vice-versa
- We act as Power of Attorney holders for all matter in
connections with incorporation of a company
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