Section 2(11) of companies act, 2013

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anjaneyulu challa

anjaneyulu challa (Querist)
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11 January 2016 Whether a Registered Trust is a Body Corporate ?

Arpit Shah

Arpit Shah (Expert)
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12 January 2016 Body corporate broadly means a corporate entity which has a legal existence.
The term "body corporate" is defined in Section 2(11) of the Companies Act, 2013. This includes a private company, public company, one personal company, small company, Limited Liability Partnerships, foreign company etc.
“body corporate” or “corporation” also includes a company incorporated outside India.
However, body corporate does not include—
(i) a co-operative society registered under any law relating to co-operative societies; and
(ii) any other body corporate (not being a company as defined in the Companies Act 2013), which the Central Government may, by notification, specify in this behalf;

The above definition is different from the provisions existed in the erstwhile companies Act 1956, which had excluded a “corporation sole” also from the definition of body corporate which was, however, not defined in the Act of 1956.

Arpit Shah

Arpit Shah (Expert)
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