Difference between body corporate and a company
Shubham Jha (127 Points)
19 March 2021
difference between body corporate and a company?
5 Replies
Atharva Jagtap
(17 Points)
Replied 19 March 2021
Body corporate is wider concept which includes company, LLP , trust society etc
and Company is body corporate as per provision stated in company Act.
and Company is body corporate as per provision stated in company Act.
Shubham Jha
(127 Points)
Replied 23 March 2021
Thanks Atharva but according to sec2(11)- society is not a body corporate nor trust i guess
Atharva Jagtap
(17 Points)
Replied 23 March 2021
Yes Sir as per provision of the section No Trust and Society are body corporate, in legal paranlance to understand concept with more effective way ,it was miss represented of the facts by our side, it was regreatfull for inconvenience , But also hoped you this is now able to understand by you now
Vidhyadhar Kulkarni
(8 Points)
Replied 08 March 2022
Section 2(11) definition is very confusing and inconclusive. It states the term body corporate includes companies incorporated outside India..but excludes
A) cooperative society
B) trust
From the above it is not clear whether it includes companies incorporated in India, whether it includes statutory corporation like Food Corporation of India.
There is a need to address this. First of all we should define company clearly and unambiguously
Vidhyadhar Kulkarni
(8 Points)
Replied 08 March 2022
Lookt at the UK Companies Act 2006 definition of company
1Companies
(1)In the Companies Acts, unless the context otherwise requires—
“company” means a company formed and registered under this Act, that is—
(a)a company so formed and registered after the commencement of this Part, or
(b)a company that immediately before the commencement of this Part—
(i)was formed and registered under the Companies Act 1985 (c. 6) or the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)), or
(ii)was an existing company for the purposes of that Act or that Order,
(which is to be treated on commencement as if formed and registered under this Act).
(2)Certain provisions of the Companies Acts apply to—
(a)companies registered, but not formed, under this Act (see Chapter 1 of Part 33), and
(b)bodies incorporated in the United Kingdom but not registered under this Act (see Chapter 2 of that Part).
(3)For provisions applying to companies incorporated outside the United Kingdom, see Part 34 (overseas companies).
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