Page 4 - Lesson Notes 7
P. 4

Number of          Minimum 2,Maximum 15            Minimum 3,Maximum 15
               directors
               Commencement  After the certificate of             After issue of certificate of
               of business        Incorporation                   commencement of business
               Invitation to      Prohibited from inviting the    May invite the public for subscription
               public             public
               Issue of           Not required                    Required to issue prospectus
               prospectus
               Transfer of        Restricted                      Transferable
               share



               Differences between Cooperative society and company


               Basis              Cooperative Society             Company
               Motive             Service to members              Profit motive followed by service
                                                                  motive
               Regulation Act     The Cooperative societies Act,  The companies Act,2013
                                  1912 or the state cooperative
                                  societies Act.
               Transferability    Not transferable                Not transferable in private company,
               of share                                           transferable in public company
               Members            Minimum 10,no upper limit       Minimum 2 and maximum 200 in
                                                                  private company, minimum 7 with no
                                                                  upper limit in public company
               Voting rights      One person one vote             One share one vote
               Controlling        The society is managed by an    The management is inthe hands of
                                  executive elected from          Board of Directors.
                                  members.


               Differencesbetween partnership and company:


               Basis              Partnership                      Company
               Regulating act     Indian partnership Act, 1932    Indian Companies Act,2013
               Number of          Minimum 2,Maximum 50            Minimum 2 and Maximum 200 in
               members                                            private company, minimum 7 with no
                                                                  upper limit in public company
               Separate Entity  No separate entity                Separate entity
               Liability          Unlimited                       Limited
               Transfer of        Not possible without the        Freely transferable except in the case
               interest           consent of all partners         of private company
               Stability          Unstable life                   Long life
               Formation and      No legal formalities required   Legal formalities required
               winding up         except in registered firm
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