Types of Companies in India
Nowadays, entrepreneurs opt for company form of
A company, as per the Indian Companies Act, 2013 is a company Incorporated under Companies Act, 2013 or under any previous company law. The Act prescribes following types of Companies in India on
Types of Companies based on Number of Members:
Commonly known types of Companies like, Private Company and Public Company are defined based on
1. Private Company:
For a Private Limited Company, the minimum number of members is 2, which can be extended to maximum 200 at once. The said statutory limit is required to be complied all time. Understand here what is Private Limited Company in India.
2. One Person Company:
A type of Private Company itself, One Person Company is commonly known as OPC. OPC is significantly different from other types of companies because of
3. Public Company:
In Public Company, there is no limit as to maximum number of members. However, minimum number of members is provided. A public company is registered with minimum of 7 members. The companies listed on stock market are such Public Companies. Such Companies are able to attract funds from pubic through Public Offers (IPO or FPO).
Types of Companies based on Liability:
1. Company Limited by Shares:
In this form of Company, the capital is introduced in the form of Shares i.e. the capital of the company is divided into a small portion, known as shares. The shares are considered
If there requirement for capital arises in the company, the shares can be issued for subscription by shareholders. In this type of company, the liability of the members is limited up to the unpaid capital on the shares subscribed.
Further, this form of
2. Company Limited by Guarantee:
The company can be either private limited company or a public limited company also, where the capital is not divided into shares. Here, the capital to be introduced by the members, are in nature of guarantee.
The subscriber to the Memorandum subscribes the amount guaranteed and puts signature against the amount guaranteed.
Here, the percentage of the ownership is based on the amount guaranteed. Whenever the requirement of capital arises, the members introduce the capital to the company. The liability of members is limited up to the amount of guarantee provided only.
These companies can also issue shares, where the shareholders are also liable up to the amount unpaid on the shares as discussed above. However, the shareholding is not criteria of deciding the ownership.
3. Unlimited Company:
In this type of company, the liability of the members is not limited. In case of any debt arises, the liability of the members does not limit to their part in
The liability of the members arises at the time of winding up or bankruptcy or otherwise, whenever the capital is to be raised or debt is to be paid. Most popular type of company is Company limited by shares. The companies can be further bifurcated in different types such as private or public company i.e. based on the nature of the company. Based on activities, it can be branched into Charitable Company, Nidhi Company, etc.
Other Types of Companies:
1. Foreign Company:
As the name suggests, foreign company is owned by foreigners. An entity is registered as foreign company when foreign participation is shareholding increases to more than 50%. Businesses registered outside India find it most accessible way to setup business in India. Such businesses are registered as Indian Subsidiary of foreign company.
2. Section 8 Company:
It is registered as company under Section 8 of the Companies Act; hence, known as Section 8 Company. It is registered for charitable purpose and as non-profit organisation. Such company enjoys special status and certain exemption as it is registered as Section 8 Company. Let me bring this to your attention that for Section 8 Company Registration, special approval from respective authorities is required.
3. Producer Company:
A producer company is basically a company registered to deal with the primary production of its active member related to farming. The main objective includes production to its selling and exporting also.
A producer company is registered with ten or more member being producers; or any two or more producer institutions; or its combination. Alike any other company, the liability of its members is limited to the extent of unpaid share capital by its members. The
4. Small Company:
Small Company is a special status given to registered companies. You are not required to incorporate a new company, but it is a status it derives because of its financial and other positions.
A company is said to be
- Not a Public Company
- Paid-up share capital: Not exceeding fifty lakh rupees
- Turnover: Not exceeding two crore rupees, as per profit and loss account for the immediately preceding financial year
Further, this does not apply to any holding or subsidiary company; Section 8 company; or a company governed by any special Act.
Small Companies enjoy certain exemptions under Companies Act, 2013 in terms of compliance.
5. Subsidiary Company:
6. Holding Company:
Holding company is a company having controlling power or majority of voting powers of another company (subsidiary as referred above). Holding company is also called as parent company.
CS Prachi Prajapati
Company Secretary with a forte in content writing! Started as a trainee, she is now leading as a Content Writer and a Product Developer on technical hand of LegalWiz.in. The author finds her prospect to carve out a valuable position in Legal and Secretarial field.
Which type of company to register in India to have minimum mandatory compliances?
One Person Company has the minimum compliances but it can only have single shareholder. The selection of the business structure depends on various factors such as number of persons involved, business activity, capital, need of funds, etc. Discuss it with our experts who will help you to select the right business structure. Connect at 1800 313 4151 / 89806 85509 or email@example.com
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