Non‑registration does not invalidate the partnership, but it imposes significant disabilities on enforcing contractual rights in courts; registration cures these disabilities by enabling the firm and partners to sue, claim set‑off, and be formally recognized on the Register of Firms. Section 69 of the Indian Partnership Act, 1932 is the central provision governing these effects…
In modern business law and finance, the company has emerged as the most dominant form of business organization, offering features that distinguish it from traditional structures like partnership firms. To understand why companies are preferred for large-scale operations while partnerships remain important for smaller ventures, it is essential to examine the definition, key features, and…
Companies in India are classified along multiple dimensions—how they are formed, member liability, public-interest footprint, and control relationships such as holding–subsidiary—each with distinct compliance and governance implications for banking and finance stakeholders. This guide maps these dimensions under the Companies Act, 2013 and related frameworks to aid structuring, risk assessment, and regulatory alignment. Mode of…
The Memorandum of Association (MoA) and Articles of Association (AoA) are the two core constitutional documents of a company: the MoA defines the company’s external scope and objects, while the AoA governs internal rules and management; put simply, the MoA is the company’s charter and the AoA is its rulebook. Definitions Legal effect Contents at…
The doctrines of ultra vires, constructive notice, and indoor management collectively define the boundaries of a company’s powers and an outsider’s rights when dealing with a company; in essence, ultra vires limits corporate capacity, constructive notice protects the company by imputing knowledge of public documents to outsiders, and indoor management protects outsiders by presuming internal…
A company’s “member” is the person recorded in the register of members or as a depository’s beneficial owner; in short, a member is the legal owner on record, which may differ from the beneficial shareholder until registration aligns. Who is a member Modes of becoming member Cessation of membership Register of members Rights of members…
A prospectus is the primary disclosure document inviting the public to subscribe to or purchase a company’s securities; it communicates material information about the issuer, the offer, risks, and use of proceeds so investors can make informed decisions. In practical terms, the prospectus is an invitation to offer that must meet statutory content, filing, and…
Directors form the mind and will of a company, with statutory rules governing how many are required, how they are appointed and retire, what rights and powers they wield, the fiduciary duties they owe, and how compensation is regulated. In brief, public companies need at least three directors, private companies two, and OPCs one, with…
The key differences between a Private Limited Company and a Public Limited company are tabled below. Particulars Public Limited Company Private Limited Company Minimum Number of share holders A Public limited company requires minimum 7 share- holders. A Private Limited Company requires minimum 2 share- holders. Maximum Number of Share Holders There is no limit…
The Ministry of Corporate Affairs (MCA) has introduced Form INC-29, for registration and obtaining the certificate of incorporation that lessens paperwork to a large extent. This 8 pages new form is used as an alternate process to do away with the earlier process of filling out several forms separately for allotment of DIN, Name of the company…
