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Wednesday, December 26, 2007

Central Government or by any State Government or Governments

It has also been provided that a licensed company (a company registered u/s 25 i.e. oot for profit) shall not be required to have a minimum paid up of Rs. 5 lakh.
The minimum number of members required to form a public company is seven.D. Government Companies [Sec. 617). A Government company is one in which not less than 51 per cent of the paid up share capital is held by the Central Government or by any State Government or Governments or partly by the Central Government and partly by one or more State Governments includes a company which is a subsidiary of a government company as thus defined.The provisions of the Companies Act are also applicable to the Government companies as they apply to any other company except the provisions of Sections 618, 619 and 619A which specially deal with the Government companies. The Central Government may, however, exempt a Government company by notification in the official Gazette, from the application of any provisions of the Companies Act.E. Foreign Companies [Sec. 591). A toreign company means a company incorporated outside India but having a place of business in India. The important
provisions relating to foreign companies are contained in Sees. 591 to 602 of the Companies Act.
F. Licensed Companies or Companies not for Profit [Sec. 25). Sec. 25 pertains to licensed companies. Limited compares formed and registered for promoting religion, charity, art, commerce, science, or any other useful object and which intend to apply its profit for promoting their objects are termed as non-profit making companies. Such companies are prohibited from declaring dividends to its members. Before such companies are registered they are to
obtain a license from the Central Government. The Central Government may, by licence, direct that such association be registered as limited company without the words' limited' 'or 'private limited' to its name. On registration, it enjoys certain exemptions and privileges over other companies.The licence of such a company may at any time be revoked by the Central Government of the basic condition of the licence are contravened after providing an opportunity of being heard, subsequent to which the Registrar shall put the word 'limited' or 'private limited' to its name and exemptions and privileges shall come to an end. Such companies may be public or private companies and mayor IT.ay not have share capital. In case, they have a share
capital they are exempted from complying with the requirement of minimum paid up shine capital of Rs. 1 lakh (i!! case of a private company) or Rs. 5 lakh (in case of a public company).

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