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Types of companies 
Legal Environment of Business
Prepared By 
Manu Melwin Joy 
Assistant Professor 
Ilahia School of Management Studies 
Kerala, India. 
Phone – 9744551114 
Mail – manu_melwinjoy@yahoo.com 
Kindly restrict the use of slides for personal purpose. 
Please seek permission to reproduce the same in public forms and presentations.
Chartered companies 
• These are those which are 
incorporated by a Royal 
Charter. Some of the biggest 
companies like the East India 
Company were formed by 
the Royal Charter in England.
Statutory companies 
• These are those 
incorporated under a 
special act passed either 
by the parliament or the 
state legislature. In India, 
we find these companies 
in the field of public 
enterprises or public 
utility services. The RBI, 
SBI, IFC are such 
companies in India.
Registered companies 
• These are those formed 
and registered under 
the Indian Companies 
act of 1956.
Companies limited by shares 
• A limited company is one in which 
the liability of the members is 
limited. Most of the registered 
companies are companies limited 
by sharers. It must have a share 
capital and the members know of 
their liability in the company in 
which they are members.
Companies limited by guarantee 
• Companies limited by guarantee is a 
company in which the liability of the 
shareholders to contribute to the assets of 
the company in the event of the company 
being wound up, is limited by its 
memorandum of association. This may or 
may not have a share capital. These are not 
formed for the purpose of profit but for the 
promotion of art, science, culture, charity, 
sports, commerce etc.
Unlimited companies 
• A company not having any limit on 
the liability of its members is 
termed as unlimited company. In 
this class of companies, the 
liabilities of the shareholders 
depend upon the debts incurred by 
the company.
Private company 
• As per section 3 (III) of the Companies Act, a 
private company means a company which has 
a minimum paid up capital of one lakh rupees 
or such higher capital as may be prescribed by 
its articles. It (a) restricts the right to transfer 
its shares (b) limits the members to fifty and 
(c) prohibits any invitation to the public to 
subscribe for any shares or debentures of the 
company. It must raise its capital only from its 
members or a bank or other financial 
institutions.
Public company 
• Section 3(III) defines it as one which is not 
a private company and which has a 
minimum paid capital of five lakh rupees 
or such higher paid up capital as may be 
prescribed. All private companies which 
are subsidiaries of public companies are 
public companies. There must be atleast 
seven persons to form a public company.
Conversion of a Private company into 
a public company 
• Conversion by default. 
• Conversion by choice
Conversion by default 
• When Private company makes a 
default in complying with any of the 
provisions of section 3(1) (III) of the 
Act, the company ceases to be 
entitled to the privileges and 
exemptions available to it. Then the 
whole act would apply to it as if it 
were a public company.
Conversion by choice 
• A private company can be 
converted into a public company 
by a special resolution altering 
the articles so as to remove all or 
any restriction imposed on 
private companies under 3(1) (III) 
of the Act.

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Types of companies - Legal Environment of Business - Business Law - Commercial Law - Manu Melwin Joy

  • 1. Types of companies Legal Environment of Business
  • 2. Prepared By Manu Melwin Joy Assistant Professor Ilahia School of Management Studies Kerala, India. Phone – 9744551114 Mail – manu_melwinjoy@yahoo.com Kindly restrict the use of slides for personal purpose. Please seek permission to reproduce the same in public forms and presentations.
  • 3.
  • 4. Chartered companies • These are those which are incorporated by a Royal Charter. Some of the biggest companies like the East India Company were formed by the Royal Charter in England.
  • 5. Statutory companies • These are those incorporated under a special act passed either by the parliament or the state legislature. In India, we find these companies in the field of public enterprises or public utility services. The RBI, SBI, IFC are such companies in India.
  • 6. Registered companies • These are those formed and registered under the Indian Companies act of 1956.
  • 7. Companies limited by shares • A limited company is one in which the liability of the members is limited. Most of the registered companies are companies limited by sharers. It must have a share capital and the members know of their liability in the company in which they are members.
  • 8. Companies limited by guarantee • Companies limited by guarantee is a company in which the liability of the shareholders to contribute to the assets of the company in the event of the company being wound up, is limited by its memorandum of association. This may or may not have a share capital. These are not formed for the purpose of profit but for the promotion of art, science, culture, charity, sports, commerce etc.
  • 9. Unlimited companies • A company not having any limit on the liability of its members is termed as unlimited company. In this class of companies, the liabilities of the shareholders depend upon the debts incurred by the company.
  • 10. Private company • As per section 3 (III) of the Companies Act, a private company means a company which has a minimum paid up capital of one lakh rupees or such higher capital as may be prescribed by its articles. It (a) restricts the right to transfer its shares (b) limits the members to fifty and (c) prohibits any invitation to the public to subscribe for any shares or debentures of the company. It must raise its capital only from its members or a bank or other financial institutions.
  • 11. Public company • Section 3(III) defines it as one which is not a private company and which has a minimum paid capital of five lakh rupees or such higher paid up capital as may be prescribed. All private companies which are subsidiaries of public companies are public companies. There must be atleast seven persons to form a public company.
  • 12.
  • 13. Conversion of a Private company into a public company • Conversion by default. • Conversion by choice
  • 14. Conversion by default • When Private company makes a default in complying with any of the provisions of section 3(1) (III) of the Act, the company ceases to be entitled to the privileges and exemptions available to it. Then the whole act would apply to it as if it were a public company.
  • 15. Conversion by choice • A private company can be converted into a public company by a special resolution altering the articles so as to remove all or any restriction imposed on private companies under 3(1) (III) of the Act.