Comment on the following: A company incorporated under the Companies Act, 2013 never dies except when it is wound-up as per the law.
CS Executive · Company Law · PYQS · December 2015
Comment on the following: A company incorporated under the Companies Act, 2013 never dies except when it is wound-up as per the law.
Answer & Explanation:
An incorporated company never dies, except when it is wound up as per law. A company, being a separate legal person is unaffected by death or departure of any member and it remains the same entity, despite total change in the membership. Perpetual succession means that the membership of a company and composition of the Board of Directors may keep changing from time to time, but that shall not affect its continuity. The membership of an incorporated company may change either because one shareholder has sold/transferred his shares to another or his shares devolve on his legal representatives on his death or he ceases to be a member under some other provisions of the Companies Act. Thus, perpetual succession denotes the ability of a company to maintain its existence by the succession of new individuals who step into the shoes of those who cease to be members of the company. However in case of merger, the transferor company is dissolved without winding up.
Topics: Company Law
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