Company Registration
Companies Limited by Guarantee:-
A company limited by guarantee or a “guarantee company”
is a registered company having liability of its members limited by its
memorandum to such amount as the member may respectively undertake to
contribute to the assets of the company in the event of its winding up. Clubs,
trade associations and societies for promoting different objects are examples
of such a company. It should be noted that a special feature of this type of
company is that the liability of members to pay their guaranteed amounts arises
only when the company has gone into liquidation and not when it is a going
concern Company Registration Coimbatore.
As the regards the funds, a guarantee company without share capital obtains working capital from other sources, e.g. fees or grants. But a Guarantee company having a share capital raises its initial capital from its members, while the normal working funds would be provided from other sources, such as fees, charges, subscriptions, etc Company Registration Coimbatore..
The Memorandum of Association of every guarantee company must state that every member of the company undertakes to contribute to assets of the company in the event of its being wound up while he is member for the payment of the debts and liabilities of the company contracted before he ceases to be a member, and of the charges, cost and expenses of winding up, and for adjustment of the rights of the contributors among themselves, such amount as may be required, not exceeding a specified amount.The Memorandum of a company limited by guarantee must state the amount of guarantee. It may be of different denominations Company Registration Coimbatore.
In case of guarantee company having share capital the
shareholders have two-fold liability: to pay the amount which remains unpaid on
their shares, whenever called upon to pay, and secondly, to pay the amount
payable under the guarantee when company goes into liquidation. The voting
power of guarantee company having share capital is determined by the
shareholding and not by the guarantee.