Company Law

Companies play a significant role in a country’s economy and make a special contribution to national development. The working of companies affects all facets of national life. In a mixed economy, the government’s major economic policies are implemented through corporate sector. A modern company has assumed the character of a major socio-economic institution and public at large is vitally interested in its activities. It should function not simply as an economic machine intended to churn out profits for its shareholders, but rather as an institution which has a social responsibility toa variety of interests. A company’s operation must be conducive to the economic growth of the country and for that purpose a comprehensive mechanism is provided in the form of the Companies Act, 1956 for regulating corporate affairs. The primary object of this paper is to give a general survey of the law relating to companies as contained in the Companies Act, 1956 with its various Amendments.

The Companies Act, 1956 consolidates and amends the law relating to companies and certain other associations.

1 Section 3
(i) Act defines a”company” as one formed and registered under this Act or an existing company incorporated prior to the commencement of the Act.
(iii) defines a “private company”. A private company is one which has a minimum paid-up capital of one lakh rupees or such higher capitals as maybe prescribed 3 and by its articles
(a) restricts the right to transfer its shares,if any,
(b) limits the number of its members to fifty; and
(c) prohibits any invitation to the public to subscribe for any shares in, or debentures of, the company.

(iii)A public Company is defined as one;
(a) which is not a private company,
(b) has a minimum paid up capital of five lakh rupees and
(c) is a private company which is subsidiary of a company which is not a private.