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Which forms of business are companies?

By Akshay Biwal Updated

A company is a body incorporated under the Companies Act, 2013. The forms the Act names for most businesses are a private company, a public company, a one person company, and a company with a section 8 licence. A partnership, an LLP, and a proprietorship are not companies.

Which forms are companies?

Form What sets it apart
Private company Restricts transfer of shares, limits members to 200, and does not invite the public to subscribe
Public company Is not a private company. It needs at least seven members and three directors
One person company Has one member. It is a private company with that one member
Section 8 company Has a licence to apply its profits to its objects and not to pay a dividend

How each one is formed is on the private-company page, the public-company page, the one person company page, and the section 8 page. A company may be limited by shares, limited by guarantee, or unlimited. Most trading companies are limited by shares.

What is not a company?

A proprietorship is the owner. A partnership firm is under the Partnership Act. An LLP is under its own Act and is compared with a firm on the LLP page. None of those three is incorporated under the Companies Act, and none of them becomes a company by being called one.

Frequently asked questions

Four questions cover an LLP, a partnership, a section 8 company, and a public invitation.

Is an LLP a company?

No. An LLP is registered under the Limited Liability Partnership Act, 2008. It is not a company under the Companies Act.

Is a partnership a company?

No. A partnership firm is under the Partnership Act, 1932. It is not incorporated, and the partners do not have limited liability.

Can a one person company be a section 8 company?

No. A section 8 company needs at least two members if it is private, or seven if it is public. A one person company is outside that licence.

Does every company invite the public to subscribe?

No. A private company is prohibited from inviting the public to subscribe for its securities. A public company may do so.

Sources

A company is incorporated under the Companies Act, 2013. Private, public, and one person companies are defined in section 2. A section 8 company holds a licence.

  1. Private limited company registration
  2. Public limited company
  3. One person company
  4. Section 8 company