Legal Writing: Company documents

Company means a company formed and registered under the Companies Act or an existing Company formed and registered under any of the previous companies laws specified in clause (if) of sub-section (1) of Section 3 of the Indian Companies Act.

Private Company means a Company which by its articles—
(a) restricts the right to transfer its shares, if any
(b) limits the numbers of its members to fifty not including—
a. persons who are in the employment of the Company, and
b. persons who having been formerly in the employment of the Company, were members of the Company while in that employment and have continued to be members after the employment ceased, and
(c) prohibits any invitation to the public to subscribe for any share in, or debentures of, the Company:

Provided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this definition, be treated as a single member; [Section 3(l) (m) of the Companies Act, 1956.]

Public Company means a company which is not a private company. (Section 3 of the Companies Act.)

Memorandum means the memorandum of association of a company as originally framed or as altered from time to time in pursuance of any previous companies law or of the Companies Act. The various forms of Memorandum are given in Schedule I to Companies Act.

Articles means the Articles of Association of a Company as originally framed or as altered from time to time in pursuance of any previous Companies Law or of the Companies Act, 1956 including the regulations contained in the Schedules referred to in Section 2(2) of the Companies Act.

Prospectus means any document described or issued as a prospectus and includes any notice, circular, advertisement or other document