Three companies incorporated with the same set of shareholders are treated as same companies under the Companies Act, 2013.
CS Executive · Company Law · PYQS · December 2017
Three companies incorporated with the same set of shareholders are treated as same companies under the Companies Act, 2013.
Answer & Explanation:
On incorporation, a company becomes a separate legal person in the eyes of law. The company is vested with a corporate personality quite distinct from the members who form it. Being a separate legal entity, it bears its own name and acts under a corporate name. Further, its assets are separate and distinct from those of its members. Since a company is a different person from the members who compose it, as such it is capable of owning property, incurring debts, borrowing money, having a bank account, entering into contracts and suing or being sued in the same manner as an individual. According to Section 9, from the date of incorporation mentioned in the certificate of incorporation, such subscribers to the memorandum and all other persons, as may, from time to time, become members of the company, shall be a body corporate by the name contained in the memorandum, capable of exercising all the functions of an incorporated company under this Act and having perpetual succession with power to acquire, hold and dispose of property, both movable and immovable, tangible and intangible, to contract and to sue and be sued, by the said name. As such three companies which are incorporated with the same set of shareholders are nevertheless distinct and separate entities. Reg: [Patinson v. Bindya Debi] and [Theory of corporate veil; Saloman v. Saloman & Co. Ltd.]
Topics: Company Formation & Legal Personality
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