Introduction of Bm 201

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    Private SectorEnterprisesPublic SectorEnterprises

    Joint SectorEnterprises

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    JOINT SECTOR ENTERPRISE

    According to the guidelines laid down by the government

    of India, the capital of a joint sector undertaking is tobe shared as follows: government 26%, Privatebusinessmen 25% and the investing public 49%. Nosingle private party can hold more than 25% of the paidup capital without the permission of the CentralGovernment

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    PRIVATE SECTOR ENTERPRISE

    NON COPORATECORPORATE

    Sole

    Proprietorship

    Joint Hindu

    Family Business Partnership Joint StockCompany

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    PARTNERSHIP is is an agreement between persons who haveagreed to share profits of a business carried on by all or any of

    them acting for all.

    FEATURES OF PARTNERSHIP

    Agreement

    Mutual Trust

    Agency

    Sharing of Profits from business

    Unlimited liabilities

    TYPES OF PARTNERS

    Active Dormant

    Secret

    Nominal

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    DISSOLUTION OF PARTNERSHIP

    By Agreement : with the consent of all the partners.

    Compulsory: Unlawful business, Bankruptcy

    Contingent: Expiry of term, Completion of venture, Death ofPartner, Insolvency of any partner

    Court: Unsound mind, Permanent incapacitated, Guilty ofMisconduct, guilty of Breach of Contract, Transfer of interest,

    Business Losses, Just & Equitable.

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    S.N. Basis of distinction Partnership Co-ownership

    1. Mode of creation By agreement Both by an agreement aswell as by operation of

    law.2. Object Involves community ofinterest, to earn anddistribute profits from abusiness

    May not be operated forprofits.

    3. Transfer of interest No transfer of sharewithout the consent ofother partners.

    Can transfer his interestand break co-ownership.

    4. Mutual agency Principal as well as agent,implied authority to act onbehalf of others.

    No mutual agency.

    Difference between partnership and Co-ownership

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    PUBLIC SECTOR ENTERPRISE

    1. Departmental Undertakings: Like Post and Telegrams,Railways, Broad casting services, Defence

    Establishments, Automic power projects.

    2. Public Corporations: like RBI, LIC, IDBI, etc.

    3. Government Company

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    JOINT STOCK COMPANY

    Joint stock company is a voluntary association of individuals for

    profit, having a capital divided into transferable shares, theownership of which is the condition of membership

    CHARACTERSTICS

    Voluntary AssociationIndependent legal EntityPerpetual ExistenceCommon SealLimited LiabilityTransferability of Shares

    A Joint Stock Company can be a Public Limited Company or a privatelimited Company

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    DIFFERENCE BETWEEN A PUBLIC LIMITEDCOMPANY AND

    A PRIVATE LIMITEDCOMPANY

    BASIS PRIVATE LTD. CO. PUBLIC LTD. CO.

    Maximum no. of

    members

    50 Unlimited

    Minimum no. of

    members

    2 7

    Commence

    business

    After certificate of

    incorporation

    After certificate of

    commencement of business

    Invitation to

    public

    Cannot make an invitation to

    public to subscribe to its sharecapital

    Invitation to public to

    subscribe to its share capitalis mandatory

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    FORMATION OF A JOINT STOCK COMPANY

    PROMOTION INCORPORATION COMMENCEMENT

    PROMOTIONPromoter is a person who conceives the idea of starting a business, plans

    the formation of a company and actually brings it into existence.

    INCORPORATIONIt is the incorporation which brings a company into existence as a

    separate corporate entity. The promoter has to take the followingpreliminary steps in this connection : Ascertainment of availability of the proposed name of the company Application for certificate of incorporation SEBIs Approval to the Draft Prospectus

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    MEANS OF FINANCE for a Joint Stock Company are:

    Shares

    Debentures

    Short Term/ Long term loans

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    Preference Shares Equity Shares

    Cumulative Preference Shares

    Non-cumulative Preference Shares

    Participating Preference shares

    Non-Participating Preference Shares

    Redeemable Preference Shares

    Non-redeemable Preference Shares

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    Security RedemptionTransfera-

    bilityConversion

    Mortage

    Unsecured

    Redeemable

    Irredeemable

    Bearer

    Registered

    Convertible

    Non-

    convertible