Joint Stock Company

Limitations of Action

Step 1: Each characteristic of a Joint Stock Company has a precise meaning. Step 2: 'Use of Common Seal' refers to the official stamp of the company acting as its signature — unrelated to scope of activities. Step 3: 'Winding up of a Company' refers to the legal process of dissolving the company, not restricting its activities during existence. Step 4: 'Voluntary Association for Profit' means people join of their own free will to earn profit — not related to operational limits. Step 5: 'Limitations of Action' precisely means that a company cannot operate outside the boundaries defined in its M

Every partner is both a principal and an agent, whereas a shareholder in a company is only an owner, not an agent

Step 1: In a partnership, each partner can legally bind the firm and other partners through their actions in the normal course of business — making each partner both a principal (owner) and an agent (representative). Step 2: This is a fundamental principle of partnership law under the Indian Partnership Act. Step 3: In a Joint Stock Company, a shareholder simply owns shares and has no authority to act on behalf of the company or bind it in any transaction. Step 4: The management is vested in the Board of Directors, and shareholders cannot act as agents. Step 5: Therefore, the correct distincti

Oligarchic Management

Step 1: Several demerits of Joint Stock Companies involve misuse of power, but each has a specific context. Step 2: 'Fraud by Promoters' refers specifically to dishonest acts during the formation stage of the company, such as concealing facts in the prospectus. Step 3: 'Exploitation of Shareholders' refers to the Board of Directors misusing their position to exploit shareholders — particularly minority shareholders through voting control. Step 4: 'Conflicts of Interests' refers to disputes between equity shareholders, preference shareholders, debenture holders, directors, and financial institu

Prohibiting the payment of dividends to shareholders

Step 1: Section 2(68) of the Companies Act 2013 lays down three specific conditions that define a private company. Step 2: The first condition is that it restricts the right of its members to transfer shares — this IS a requirement. Step 3: The second condition is that it limits the number of its members to two hundred — this IS a requirement. Step 4: The third condition is that it prohibits any invitation to the public to subscribe for any securities — this IS a requirement. Step 5: 'Prohibiting the payment of dividends to shareholders' is NOT mentioned anywhere in Section 2(68) as a restrict