Chapter 1 Flashcards
When an Entity is obligated to be registered as a company?
A business consisting of more than 20 persons is obligated to be registered as a company by filing the required documents with registrar with certain exceptions.
Minimum Members Required In
Public?
Public Unlisted ?
Private Other than SMC ?
SMC?
7
3
2
1
What is Doctrine of corporate personality?
the law recognises a company as a person, with legal rights and obligations similar to those of ordinary individuals.
characteristics of company as an artificial person?
1) company may enter into contracts with other persons
2) company itself is liable for the Debts
3) A company owns its own assets.
4) debtor of the company owes the money to the company
5) Companies are managed by their directors,small companies, the shareholders and directors may be the same individuals, but in large companies, the directors might hold a small proportion of the shares or even no shares at all.
6) personally liable to pay tax
7) the company itself that is liable in case of breach of Law
What are Consequences of separate personality?
limited liability of the owners of business
separation of ownership from control
transfer of ownership and perpetual succession.
Trasfer of shares easy ?
transferred easily,without seeking any approval
Rights with Shares
right to receive a portion of any dividend paid by the company or the right to attend and vote at general meetings of the company
Liability of company?
A company is
fully liable for all its debts and other liabilities
Libility of Owners?
The liability of the owners of a
company for the debts of the company is limited to the amount of their investment except partly paid shares
Memorandum and Articles purpose ?
Used for External Stakeholders and Internal Procedures Within Company Respectiviely
What is Body Corporate?
1) a company incorporated under Companies Act, 2017 or company law.
2) a company incorporated outside Pakistan, or
3) a body corporate declared as body corporate in the relevant statute
Exceptions:
1) co-operative society registered
2) Any other entity, not being a company as defined in Companies Act, 2017 or any other law for the time
being,
What is a Foreign Company?
Body corporate incorporated outside Pakistan
1) has a place of business or liaison office in Pakistan whether by itself or through an agent, physically or
through electronic mode; or
2) conducts any business activity in Pakistan in any other manner as may be specified
Company Limted By shares
having the liability of its members limited by the memorandum
to the extent of amount, if any, remaining unpaid on the shares respectively held by them.
Advantage:
Can raise additonal Capital by issue new shares
company limited by guarantee?
Liability Limited upto amount gurranteed to contribute at time of winding up.
May have share capital or not
Private Company other than SMC?
a) restricts the right to transfer its shares, save as otherwise provided in the Act;
b) limits the number of its members to fifty not including persons who are in the employment of the
company; and
c) prohibits any invitation to the public to subscribe for the shares or debentures of the company: