Setting up of a company

  Companies incorporated in India and branches of foreign corporations are regulated by the Companies Act, 1956 (the Act). The Registrar of Companies (ROC) and the Company Law Board (CLB), both working under the Department of Company Affairs, ensure compliance with the Act.

  Indian businesses typically fall under three broad categories Companies – both public and private, Partnerships and Sole proprietorships

  A company can be a public or a private company.  This can have limited or unlimited liability.  The most prevalent form of large business enterprises in India is a company incorporated with limited liability.

  A private company incorporated under the companies act restricts the right to transfer shares and the maximum number of its shareholders is limited to 50, excluding employees. They can not offer shares and debentures to the public.

   A private company is deemed to be a public company when 25 percent or more of the private company’s paid-up capital is held by one or more public company or the private company holds 25 percent or more of the paid-up share capital of a public company. In that case the private company can accept or renew deposits from the public.

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