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Under Section 2(68) of the Companies Act 2013, a 'private company' is defined by reference to which of the following restrictions in its articles?

ARestricts right to transfer shares, limits members to 200 (excluding employees), and prohibits invitation to public to subscribe
BNo share-capital restrictions or any membership ceiling whatsoever in any case (cf. Companies Act 2013, Section 2(68))
CMust have at least 50 shareholders and must be listed on a recognised stock exchange (cf. Companies Act 2013, Section 2(68))
DMust have a minimum paid-up capital of one crore rupees regardless of any threshold (cf. Companies Act 2013, Section 2(68))
Answer & Solution
Correct answer: A. Restricts right to transfer shares, limits members to 200 (excluding employees), and prohibits invitation to public to subscribe
1. Section 2(68) defines 'private company' as a company having minimum paid-up share capital as may be prescribed, and which by its articles — (i) restricts the right to transfer its shares; (ii) except in case of OPC, limits the number of members to 200 (excluding employees who are/were members); (iii) prohibits any invitation to the public to subscribe for securities of the company. 2. The minimum paid-up capital requirement was deleted by the Companies (Amendment) Act, 2015. 3. The three-tier restriction is the defining characteristic of a private company. 4. Hence option B is the verbatim definition. _Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 2(68)_
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