Company Law - Corporate Legal Solutions by Advocare Partners

At Advocare Partners, we specialize in Company & Corporate Law advisory, providing strategic legal guidance for businesses across all sectors. Whether you are launching a startup, managing an established company, or dealing with regulatory challenges, our team ensures complete legal compliance and robust corporate governance.

Key Highlights

  • End-to-End Company Incorporation Support
  • Complete ROC & MCA Compliance Management
  • Expert Drafting of MOA, AOA & Corporate Agreements
  • Director, Shareholder & Board Advisory
We are committed to securing justice and protecting your interests in all civil matters.
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FAQ

Company Law (India)

1. What is Company Law?
Company Law governs the formation, management, and dissolution of companies in India. It is primarily regulated by the Companies Act, 2013, administered by the Ministry of Corporate Affairs (MCA).
2. What is a Company as per Law?
As per Section 2(20) of the Companies Act, 2013, a company means one incorporated under this Act or any previous law. It has a separate legal entity, perpetual succession, and limited liability.
3. What are the main types of companies?
  • Private Limited Company
  • Public Limited Company
  • One Person Company (OPC)
  • Section 8 Company (Charitable Purpose)

Government and Foreign Companies

4. What is the difference between a Private and Public Company?

Basis

Private Company

Public Company

Minimum Members

2

7

Maximum Members

200

No limit

Share Transfer

Restricted

Freely transferable

5. What are MOA and AOA?
  • MOA (Memorandum of Association): Defines the company’s objectives and powers.
  • AOA (Articles of Association): Lays down internal rules for managing the company.
6. Who are Directors and how many are required?

Directors manage the affairs of a company.
Minimum directors: 3 (Public) | 2 (Private) | 1 (OPC).
Maximum: 15, extendable by special resolution. (Section 149)

7. What are Annual Compliance Requirements?

Every company must file:

  • Form AOC-4 (Financial Statements)
  • Form MGT-7/MGT-7A (Annual Return)
  • Income Tax Return
  • Conduct AGM once a year.
8. What is CSR (Corporate Social Responsibility)?
Under Section 135, certain companies must spend at least 2% of average net profits on approved social and environmental activities.
9. What is the role of NCLT (National Company Law Tribunal)?
The NCLT handles cases of company disputes, mergers, winding up, and issues like oppression and mismanagement under the Companies Act, 2013.
10. What is Limited Liability?
Limited liability means shareholders’ responsibility is restricted to the amount unpaid on their shares — their personal assets are not used to pay company debts.