Company Constitution Documents – Memorandum of Association

                                   Memorandum is a key document containing vital details about the company. It is the foremost important document as regards incorporation of the corporate cares. This is the foremost fundamental document of the corporate specifying the foremost important information concerning the corporate. Therefore, memorandum is additionally called because the charter of the corporate. No company can be registered without a memorandum. It is one of the main documents that are required to…

Classification of Company – Liability

              CLASSIFICATION OF COMPANIES ON THE BASIS OF LIABILITY LIMITED BY SHARE [Sec. 2(22)]: A company that has the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them is termed as a company limited by shares. The liability are often enforced during existence of the corporate also as…

Classification of Company – Members

Under the Company Law, a Company may be classified as under, based on the Members.  PRIVATE COMPANY [Sec. 2(68)] The articles of a personal company must contain the subsequent three restrictions:A) The right to transfer the shares shall be restricted.The articles of a private company must provide restrictions on transferability of shares. However, the articles cannot impose prohibition on…

Key Managerial Persons in a Company – Part 1

One of the new concepts that have been added by the Companies Act, 2013 is “key managerial persons”. Section 2(51) of the Companies Act, 2013. The said Section states as under:“Key managerial personnel”, in reference to a corporation , means— (I) The Chief military officer or the director or the manager; (ii) The company secretary; (iii) The whole-time director; (iv) The Chief…

Key Managerial Persons in a Company – Part 2

                                        PROVISIONS REGARDING KMP (Part II)A KMP is included within the meaning of “Officer in Default” under the Act.Details regarding KMP, changes therein and therefore the remuneration paid to them are required to be disclosed within the Annual Return of the corporate . Company is required to take care of a register of the KMPs at its registered office containing particulars which shall…