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PPT - Company Act 2013

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 Page 1


CONTENT:
? Introduction 
? Definition of company
? Characteristics of company
? Types of company
? Formation of company
? Memorandum of association
? Article of association
? Prospectus
? Public deposits
? Share & Share capital
? Allotment of Shares
? Members
? Meetings
? Winding up
Page 2


CONTENT:
? Introduction 
? Definition of company
? Characteristics of company
? Types of company
? Formation of company
? Memorandum of association
? Article of association
? Prospectus
? Public deposits
? Share & Share capital
? Allotment of Shares
? Members
? Meetings
? Winding up
Introduction:
? The Companies Act 2013 is an Act of the Parliament of 
India which regulates incorporation of a company, 
responsibilities of a company, directors, dissolution of a 
company.
? The 2013 Act is divided into 29 chapters containing 470 
sections and 7 schedules.
? The Act has replaced The Companies Act, 1956 (in a partial 
manner) after receiving the assent of the President of 
India on and with only 98 provisions 29 August 2013. 
? The Act came into force on 12 September 2013 with few 
changes like earlier private companies maximum number of 
member was 50 and now it will be 200. A new term of "one 
person company" is included in this act that will be a private 
company of the Act notified.
? Another 184 sections came into force from 1 April 2014
Companies Act, 2013
Page 3


CONTENT:
? Introduction 
? Definition of company
? Characteristics of company
? Types of company
? Formation of company
? Memorandum of association
? Article of association
? Prospectus
? Public deposits
? Share & Share capital
? Allotment of Shares
? Members
? Meetings
? Winding up
Introduction:
? The Companies Act 2013 is an Act of the Parliament of 
India which regulates incorporation of a company, 
responsibilities of a company, directors, dissolution of a 
company.
? The 2013 Act is divided into 29 chapters containing 470 
sections and 7 schedules.
? The Act has replaced The Companies Act, 1956 (in a partial 
manner) after receiving the assent of the President of 
India on and with only 98 provisions 29 August 2013. 
? The Act came into force on 12 September 2013 with few 
changes like earlier private companies maximum number of 
member was 50 and now it will be 200. A new term of "one 
person company" is included in this act that will be a private 
company of the Act notified.
? Another 184 sections came into force from 1 April 2014
Companies Act, 2013
Definition:
A company is an artificial 
person created by law. It 
has separate legal entity,  
perpetual succession, and 
common seal. 
Companies act, 2013
Page 4


CONTENT:
? Introduction 
? Definition of company
? Characteristics of company
? Types of company
? Formation of company
? Memorandum of association
? Article of association
? Prospectus
? Public deposits
? Share & Share capital
? Allotment of Shares
? Members
? Meetings
? Winding up
Introduction:
? The Companies Act 2013 is an Act of the Parliament of 
India which regulates incorporation of a company, 
responsibilities of a company, directors, dissolution of a 
company.
? The 2013 Act is divided into 29 chapters containing 470 
sections and 7 schedules.
? The Act has replaced The Companies Act, 1956 (in a partial 
manner) after receiving the assent of the President of 
India on and with only 98 provisions 29 August 2013. 
? The Act came into force on 12 September 2013 with few 
changes like earlier private companies maximum number of 
member was 50 and now it will be 200. A new term of "one 
person company" is included in this act that will be a private 
company of the Act notified.
? Another 184 sections came into force from 1 April 2014
Companies Act, 2013
Definition:
A company is an artificial 
person created by law. It 
has separate legal entity,  
perpetual succession, and 
common seal. 
Companies act, 2013
Companies act, 2013
Characteristics of company:
1. Artificial person : the company becomes artificial person after    
registration, it means that company hold property, enter into contracts , 
borrow or lend money on its own name.
2. Separate legal entity : the company has a separate legal entity, it 
means it is independent from its members.
3. Perpetual existence : it means the company is not affected by death, 
lunacy or insolvency of its member. 
4. Limited liability : Since the company has separate legal entity, its 
shareholders only liable for their liabilities not the liable for debts of the 
company.
5. Separate property : a company, being a legal person, is capable of 
owing, using & disposing of property  in its own name.
6. Common seal : the company have its own common seal. The symbol of 
seal is the signature of director of company, because company is an 
artificial person 
Page 5


CONTENT:
? Introduction 
? Definition of company
? Characteristics of company
? Types of company
? Formation of company
? Memorandum of association
? Article of association
? Prospectus
? Public deposits
? Share & Share capital
? Allotment of Shares
? Members
? Meetings
? Winding up
Introduction:
? The Companies Act 2013 is an Act of the Parliament of 
India which regulates incorporation of a company, 
responsibilities of a company, directors, dissolution of a 
company.
? The 2013 Act is divided into 29 chapters containing 470 
sections and 7 schedules.
? The Act has replaced The Companies Act, 1956 (in a partial 
manner) after receiving the assent of the President of 
India on and with only 98 provisions 29 August 2013. 
? The Act came into force on 12 September 2013 with few 
changes like earlier private companies maximum number of 
member was 50 and now it will be 200. A new term of "one 
person company" is included in this act that will be a private 
company of the Act notified.
? Another 184 sections came into force from 1 April 2014
Companies Act, 2013
Definition:
A company is an artificial 
person created by law. It 
has separate legal entity,  
perpetual succession, and 
common seal. 
Companies act, 2013
Companies act, 2013
Characteristics of company:
1. Artificial person : the company becomes artificial person after    
registration, it means that company hold property, enter into contracts , 
borrow or lend money on its own name.
2. Separate legal entity : the company has a separate legal entity, it 
means it is independent from its members.
3. Perpetual existence : it means the company is not affected by death, 
lunacy or insolvency of its member. 
4. Limited liability : Since the company has separate legal entity, its 
shareholders only liable for their liabilities not the liable for debts of the 
company.
5. Separate property : a company, being a legal person, is capable of 
owing, using & disposing of property  in its own name.
6. Common seal : the company have its own common seal. The symbol of 
seal is the signature of director of company, because company is an 
artificial person 
On the 
basis of 
liability
On the basis 
of number of 
members
On the basis 
of control
On the basis of 
ownership
On the basis 
of 
incorporation
Limited 
liability
Unlimited 
liability
Guarantee 
liability
Public 
company
Private 
company
Holding 
company 
Subsidiary 
company
Government 
company
Foreign 
company
Chartered 
company
Statutory 
company
Registered 
company
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FAQs on PPT - Company Act 2013

1. What are the key features and main objectives of the Companies Act 2013?
Ans. The Companies Act 2013 is India's primary legislation governing corporate entities, replacing the 1956 Act. Its main objectives include promoting transparency, protecting shareholder interests, ensuring corporate accountability, and facilitating business growth. The Act establishes rules for company registration, internal governance, financial reporting, and director responsibilities. It applies to all companies registered in India and emphasises stakeholder protection through strict compliance requirements and regulatory oversight.
2. What's the difference between a public company and a private company under the Companies Act 2013?
Ans. Public companies can invite the general public to subscribe for shares and securities, have minimum seven members, and must list on stock exchanges if capitalised above specified thresholds. Private companies restrict share transfers, require minimum two members, and cannot invite public subscriptions. Private companies enjoy relaxed compliance norms compared to public companies. Both must follow Companies Act 2013 provisions but face different regulatory scrutiny levels regarding disclosure, auditing, and governance standards.
3. What are the main responsibilities and liabilities of directors under Companies Act 2013?
Ans. Directors must act in the company's best interests, exercise due diligence, and avoid conflicts of interest under fiduciary duties. They're responsible for preparing financial statements, ensuring regulatory compliance, and maintaining company records. Directors face personal liability for breaching statutory duties, misappropriating funds, or negligent decisions. The Act imposes criminal penalties for fraud or gross misconduct. Independent directors serve crucial oversight roles, particularly in audit and remuneration committees, protecting shareholder interests through enhanced corporate governance mechanisms.
4. How does the Companies Act 2013 regulate corporate governance and board meetings?
Ans. The Act mandates regular board meetings (minimum quarterly), with detailed agenda circulation and minutes documentation. Directors must disclose interests before participating in decisions affecting them. Independent directors strengthen governance oversight through mandatory audit and nomination committees. Whistle-blower mechanisms protect employees reporting misconduct. The Act requires transparent decision-making processes, adequate director training, and succession planning. These provisions ensure accountability, prevent conflicts of interest, and establish checks-and-balances protecting minority shareholders while enhancing corporate transparency and operational integrity throughout the organisation.
5. What provisions does the Companies Act 2013 have for shareholder protection and minority rights?
Ans. The Act protects minority shareholders through voting rights, access to company information, and participation in general meetings. Members holding 10% stakes can petition for investigation into company affairs. The legislation mandates transparent disclosure of related-party transactions and prevents director self-dealing without approval. Minority shareholders possess oppression and mismanagement remedies under statutory provisions. Annual general meetings ensure democratic participation in major decisions. These safeguards prevent majority exploitation, ensure equitable treatment, and establish accountability mechanisms protecting vulnerable shareholders' interests in corporate decision-making processes.
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