Componies Act 1956 Answer

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The Companies Act, 1956 UNIT 1 : PRELIMINARY Company and Lifting of the “Corporate Veil” Question What is a company? Answer Section 3(1) of the Companies Act, 1956 defines a ‘company’: Company means a company formed and registered under this Act or an existing company. The most striking feature in the company form of organisation is that it acquires a unique character of being a separate legal entity. In other words when a company is registered, it is clothed with a legal personality. It comes to have almost the same rights and powers as a human being. Its existence is distinct and separate from that of its members. Members may die or change, but the company goes on till it is wound up on the grounds specified by the Act. In other words, it means that it has perpetual succession. A company can own property, having banking account, raise loans, incur liabilities and enter into contracts. Even members can contract with company, acquire right against it or incur liability to it. For the debts of the company, only its creditors can sue it and not its members. Also contrast to other forms of organization, the members of the company usually has a limited liability. As the company is an artificial person, it can act only through some human agency, viz, and directors. They are at the helm of affairs of the company and act as it agency, but they are not the agents of the members of the company. A company has a common seal to authenticate its formal acts. Question ‘A company is a person separate from its members’. Explain the circumstances under which the Courts may disregard the Company’s Corporate Personality. (P.E-II, Nov. 2000) Or What do you understand by “separate legal entity of the company?” state the circumstances where under the separate legal entity of the country can be ignored and liability can be imposed on the persons regulating the
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