COMPANY

Group of persons associated together for the purpose of carrying on a business. Acc. To sec.3 (1) i company means a company formed and registered under this act or an existing company.

COMPREHENSIVE DEFINITION
An incorporated association which is an artificial person having a separate legal entity with a perpetual succession , a common seal and a common capital comprised of transferable shares carrying a limited liability.

FORMATION OF COMPANY
PROMOTION INCORPORATION OR REGISTERATION CAPITAL SUBSCIPTION COMMENCEMENT OF BUSINESS

Promotion :
Refers to the entire process by which a company is brought into existence. It starts with the conceptualization of the birth a a company and determination of the purpose for which it is to be formed. The persons who conceive the company and invest the initial funds are known as the promoters of the company. The promoters enter into preliminary contracts with vendors and make arrangements for the preparation, advertisement and the circulation of prospectus and placement of capital. However, a person who merely acts in his professional capacity on behalf of the promoter (eg lawyer, CA, etc) for drawing up the agreement or other documents or prepares the figures on behalf of the promoter and who is paid by the promoter is not a promoter.

Incorporation by Registration :
The promoters must make a decision regarding the type of company i.e a pulic company or a private company or an unlimited company, etc and accordingly prepare the documents for incorporation of the company. In this connection the Memorandum and Articles of Association (MA & AA) are crucial documents to be prepared.

SHARE
The capital of the company is divided into small parts called as shares. Acc. To companies act 1956 share mean share in the share capital of the company and includes stock except when a difference between stock and share is expressed or implied.

Types of shares
EQUITY SHARES  PREFERENCE SHARES  Cumulative  Non cumulative  Participating  Non participating  Convertible  Non convertible  Redeemable

ALLOTMENT OF SHARES
An application for shares is an offer by a prospective shareholder to subscribe for the shares of the company. Allotment can be defined as acceptance by the company of that offer. it results in a binding contract between the company and the applicant.

Share certificate
Once shares are allotted and the name of the person is entered in the registrar of the members the company will deliver the certificate of its shares within three months after the allotment and within two months after the application for registration of transfer is made. share certificate states the name , address etc. with the number of shares held and the amount paid up.