The growth of an economy is characterized by vibrant business activities and for the development of a good economy or nation, there has to be a regulatory framework that aims to carry out activities of an economy in a pre-determined manners, so that the development takes place throughout the length and breadth of the country in an orderly manner to bring about a positive change in the standard of living of the people.
The word Company indicates as an entity formed under the Companies Act, 2013. Most people connect the word with a Private Limited Company; however, there are also various other types of companies.
2. Growth of Company Form of Organization:
From time immemorial, enterprising individuals have been carrying on businesses in different ways. The most common form of organization is the
Proprietorship concern, and
Partnership firms, which are presently suffering from various constraints.
For example, a partnership firm has no legal existence as an entity separate from its partners. The partnership firm is not distinct from the partners who form a partnership firm and the partners may have many limitations on their own.
At any point in time, they may find it very difficult to meet the increasing financial requirement of business. As the liability of the partners of the firm is unlimited, the creditors of a firm are creditors of the partners themselves.
As per Section 69 of the Indian Partnership Act, 1932, a registered firm can be treated as a separate legal entity for the purpose of suing and being sued, unlike an unregistered firm. Apart from this, there are not many advantages to being a partnership firm except that there is no codified law that keeps a close watch over the affairs of the firm. A partnership firm is always susceptible to events like the death of a partner, which may result in the dissolution of a firm. Further, there is no ceiling on the maximum number of members or partners an association or a partnership firm can have.
The Supreme Court in Sham Sunder v. State of Haryana  67 Comp Cas 1 (SC), held that “the essential characteristic of a firm is that each partner is a representative of the other partners. Each of the partners is an agent as well as a principal. He is an agent in so far as he can bind the other partner by his acts within the scope of the partnership agreement. He is a principal to the extent that he is bound by the acts of the firm.” Section 2(a) of the Partnership Act defines as “act of the firm” to mean any act or omission by all the partners, by any partner or agent of the firm which gives rise to a right enforcement by or against the firm.
An unregistered firm has certain other limitation. Section 69 of the Indian Partnership Act, 1932 does not permit unregistered firms and partners from instituting suits in certain cases.
Hence, limited liability is a major attraction for the formation of companies in India. There will be substantial differences between a partnership firm constituted under the Indian Partnership Act 1932 and a private limited company incorporated under the Companies Act, 1956 or 2013. The main attraction is that a company has its own legal entity status and a perpetual succession and most companies are formed as limited liability companies only.
3. Broad Categories of Companies:
A company formed and registered under the Act is known as a Company for the purpose of the act.
A company may be formed and registered as a private limited or public limited, whether with or without share capital, whether with or without limited liability. Even a one-person company is treated as a private company only, though it will have only one member.
The hallmark of a company is the concept of limited liability of its members and therefore, there are not many companies with unlimited liability.
Generally, Companies are classified on the basis of;
Liability of Members
Limited by Shares
Limited by Guarantee
No. of Members
By 7 or more persons – Public Company
By 2 or more persons – Private Limited Company
By 1 person – One Person Company (OPC)
Small Sized Company
Other than Small Sized Company
We came to conclude that corporate form of business is more acceptable, more continent and having limited liability with perpetual succession are a major advantage to the entrepreneurs. Moreover, the Ministry of Corporate Affairs (MCA) also notified various exemption notifications for Section 8 Companies, Private Company and Government Companies.
The entire contents of this article are solely for information purpose and have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation by the Author. Compliance Calendar LLP and the Author of this Article do not constitute any sort of professional advice or a formal recommendation. The author has undertaken utmost care to disseminate the true and correct view and doesn’t accept liability for any errors or omissions. You are kindly requested to verify and confirm the updates from the genuine sources before acting on any of the information’s provided hereinabove. Compliance Calendar LLP shall not be responsible for any loss or damage in any circumstances whatsoever.