Showing posts with label Company Affairs. Show all posts
Showing posts with label Company Affairs. Show all posts

How to induction of a member of a company?

One can be a member of a company by any of the ways mentioned hereunder:

1. by subscribing to the memorandum of association 
2. by agreeing in writing 
- by application and allotment of shares 
- by taking a transfer of shares
- by transmission of shares 
3. By holding equity shares capital of a company whose name is entered as beneficial owner in the record of the Depository.
4. Estoppel i.e. by allowing his name to be in the register of members or otherwise holding himself out or allowing himself to be held out as a member.

Who can become a member of a company?

Every Company is comprised of members though in the contemplation of law a Company is an entity distinct from its constituent members. In all important matters a Company can act only through its members. Only members of a Company are entitles to receive a notice of annual and other general meetings, to exercise voting rights at such meetings and to inspect the Register of Members and others statutory registers maintained by a Company and so on. A Company is created by the members and runs for the members and after the objectives for which it is promoted is achieved, is also wound-up by the members. 

Why a Company is Incorporated?

incorporated
To prevent the mischief arising from large trading undertaking being carried on by large fluctuating bodies, so that persons dealing with them would not know with whom they are contracting and so might be put to great difficulty and expanse. This was a public mischief to be redressed. One difficulty relating to unincorporated bodies was regarding the power to sue or be sued. The second and most important disadvantage of the absence of incorporation was that members could not limit their liability.