Joint Stock Company
Joint Stock Company
Joint Stock Company
COMPANY?
A Joint Stock Company is an
artificial person having separate
legal existence, perpetual
succession and common seal.
Separate
Legal Artificial
Identity Person
Registration
Perpetual
Succession
Common
Seal Transferability
Of Shares
Separation of
Ownership & Limited
Control Liability
SEPARATE LEGAL
AEXISTENCE
company has a separate legal entity.
A company can carry on business, it
can buy and sell assets and it can
enter into contract with outsiders in
its own name; the company an its
individuals are separate individuals.
ARTIFICIAL
PERSON
A company doesn't have a physical
body. It is an artificial person created
by the law. Its operations are
performed by the elected
representatives of members; known
as directors.
REGISTR
ItATION
is legally compulsory
for a company to get
itself registered under
the Companies Act,
2013.
PERPETUAL
ASUCCESSION
company has continuous
existence independent of its
members. Only law can bring
an end to its existence. The
death, insolvency or
incapacity of any member
doesn't affect the existence of
company.
COMMON SEAL
Being an artificial person the company
needs a common seal with its name
engraved on it. Anyone acting on
behalf of the company can use
common seal in place of signature of
the company to bind the company.
Transferability of Shares
The capital of the company is divided into
Shares. The shares of the company are freely
transferable by its members. A shareholder is
free to withdraw his membership from the
company by selling his shares. The shares of
private limited companies can't be easily
transferred.
SEPARATION OF
OWNERSHIP AND
CONTROL
The Company is owned
by shareholders. The
shareholders elect
representatives who are
called directors of the
company. The directors LIMITED
manage and control the
company. LIABILITY
The liability of members
of the company is limited
to the extent of their share
capital contribution in the
company.
MERITS OF A JOINT STOCK
COMPANY
LIMITED
LIABILITY GROWTH
AND
TRANSFER
OF
EXPANSION
EFFICIENT
INTERESTS
MANAGEMEN
PERPETUAL T LARGE
AMOUNT
EXISTENCE OF
CAPITAL
LIMITED
LIABILITY
The liability of members
of the company is limited
to the extent of their share
capital contribution in the
company.
Transfer of
interest
The shares of the company
can be easily bought and
sold in the market. If the
owner of shares is in need
of cash, he can sell shares
PERPETUAL
EXISTENCE
Only law can bring an end to
the company's existence. The
death, insolvency or
incapacity of any member
doesn't affect the existence of
GROWTH AND
company. EXPANSION
In company there is more scope of
growth and expansion. The
company has large financial
resources and their rate of profit is
also high they can easily use large
amount of accured or retained
EFFICIENT
MANAGEMENT
A company has huge funds at
its disposal. It can easily
afford to hire professional LARGE AMOUNT
experts to perform managerial
and other activities of the OF CAPITAL
organization.
The biggest advantage of company
is that it can collect a large amount
of capital by issuing of shares to
general public. The company can
collect funds by raising loans from
financial institutions and by issue
DISADVANTAGES OF A COMPANY
Complexity inIN
COMPLEXITY
Formation
FORMATION LACK OF
IMPERSONAL SECRECY
WORK
ENVIRONMENT NUMEROUS
REGULATIONS
DELAY IN
DECISIONS OLIGARCHIC
MANAGEMENT
CONFLICTS IN
INTERESTS
COMPLEXITY IN
FORMATION
The formation of company involves a
lengthy and complicated procedure.
Many legal formalities have to be LACK OF SECRECY
completed, many documents have to
be prepared and submitted. Various As per companies act 1956. the
permissions have to be obtained. To company is required to provide lot of
perform these activities experts are information to the office of the
hired, who charge high fees. Even registrar off companies. Such
registration fees have to be paid to the information is available to general
registrar. public also. So it is therefore difficult
to maintain complete secrecy about
the operations of company.
IMPERSONAL NUMEROUS
WORK REGULATIONS
ENVIRONMENT The company form of business
has to comply with various
Company is not managed by owners
legal formalities at different
but it is managed by the professional
stages and there is penalty if the
managers. These managers get salary
company fails to meet any of
for their services so there is no direct
the formalities. A company has
relation between the efforts and
to file return and annual reports
reward. The increase in company's
with the registrar. This legal
profit will not increase the income of
interference in day-to-day
managers. Hence there is lack of
operations results in lack of
motivation and incentive to perform
secrecy and a lot of time and
efficiently.
money is spent.
DELAY IN OLIGARCH CONFLI
DECISIONS IC CTS IN
In a company all the MANAGEM INTERES
important decisions are ENT TS
taken in the board
meeting or after Company is under the In a company
consulting various control of a very few various groups of
persons. These people that is the people are
decisions are to be directors. The directors involved. each
communicated to every have complete control group has different
one which is a very over the company. interests, therefore
lengthy process as a They take decisions there is a
large no. Of people keeping in mind their possibility of
work in a company at personal benefit and conflicts between
different levels. interest. various groups.
TYPES OF COMPANY
1. Private Ltd. Company-
Private company means a company which by its articles:
(iii) Prohibits any invitation to the public to subscribe for any securities
of the company.
SRISHTI FERRO PRODUCTS
PRIVATE LIMITED
Srishti Ferro Products Pvt. Ltd. is a Non-government company,
incorporated on 11 Mar, 1997.
• No person shall be eligible to incorporate more than one OPC or become nominee in
more than one such company.
• OPC to compulsory convert itself into public or private company in certain cases.
Where the paid up share capital of an OPC exceeds fifty lakh rupees or its average
annual turnover during the relevant period exceeds two crore rupees, it shall cease to
be entitled to continue as a One Person Company.
PURPLEDEW FLORA
(OPC) PRIVATE
LIMITED
Purpledew Flora (opc) Private Limited is a
Private(One Person Company) incorporated
on 18 July 2018. It is classified as Non-
government company and is registered at
Registrar of Companies, Mumbai. Its
authorized share capital is Rs. 100,000 and
its paid up capital is Rs. 100,000. It is
involved in Growing of crops; market
gardening; horticulture.
4. A private company can issue loan to its directors without prior permission
of government, whereas public company must take permission of
government before giving loans to its directors.
5. It is not compulsory for a private company to hold a statutory
meeting and file a statutory report with the registrar, whereas it is
essential for a public company.
2. No. of directors Minimum two directors to fill quorum. Minimum three directors are needed.
3. Invitation to general Does not invite general public to subscribe to Does invite general public to subscribe to its
public its shares, debentures and public deposits. shares, debentures. public deposits.
4. Prospectus Need not issue prospectus. It is compulsory to issue a prospectus or a
statement in lieu of prospectus.
5. Transfer of Shares Does not permit transfer of shares without Free transfer of shares is permitted.
prior permission.
6. Statutory meeting and No compulsion for holding statutory meeting It needs to hold a statutory meeting and
report and filing of statutory report. must file a statutory report.
7. Index of members No compulsion to maintain the index of Mandatory to maintain the index of
members. members.
8. Legal formalities Exempted from various legal formalities. Has to comply with many legal formalities.
THANK YOU
Dhruv Rastogi - PPT & Speaker