Registered independent director Past Ch
8229 Points
Joined March 2007
Section 2(11) of Companies Act 2013 provides that ‘body corporate’ or ‘corporation’ includes a company incorporated outside India, but does not include---
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A cooperative society registered under any law relating to cooperative societies; and
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Any other body corporate not being a company as defined in this Act), which the Central Government may, by notification, specify in this behalf.
General characteristics of body corporate are:
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Incorporated under some law
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Perpetual succession
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Ability to hold property in its own name
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Legal entity apart from the members
Examples of ‘body corporates’:
- All companies registered under Indian Companies Act
- All companies registered under any Act outside India
- Any Corporation registered under any special law in India or abroad
- Public financial institutions u/s 2(72) of Companies Act 2013
- Nationalised banks incorporated under Banking Companies (Acquisition & Transfer of Undertakings) Act 1970
- LLPs
These are not bodies corporates:
- Proprietorship concerns
- Partnership firms (other than LLPs)
- HUFs
- Societies registered under Societies Registration Act
- Mutual funds managed by trustees (UTI is a body corporate)
Thus body corporate is a wider term. Every company is a body corporate but every body corporate is not a company.