Which of the following company, by its articles, restricts the right to transfer its shares ?
Which of the following company, by its articles, restricts the right to transfer its shares ?
Solution
A Private Company, by its articles of association, restricts the right to transfer its shares.
Under the Companies Act, a Private Company is specifically defined by three key features in its articles:
- Restriction on transfer of shares - Existing shareholders have pre-emptive rights, and shares cannot be freely transferred without approval
- Limitation on number of members (maximum 200, excluding employee members)
- Prohibition on inviting public to subscribe for shares or debentures
In contrast:
Public Company - Has free transferability of shares. Shares can be freely bought and sold in the stock market without restrictions.
Non-Private Company - This is essentially a public company with the same characteristic of free share transferability.
Subsidiary Company - This term indicates ownership structure (company controlled by another company) and has no direct relation to share transfer restrictions. A subsidiary can be either private or public.
The restriction on share transfer is a fundamental characteristic that distinguishes a private company from a public company, ensuring that ownership remains within a close-knit group and preventing unwanted entry of outsiders.
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