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Maximum number 50 or 100 ?

Co Act 2013 50043 views 13 replies

This question pertains to companies Act

 

Rule says:

An unincorporated company,association or partnership consisting of large number of persons has been declared illegal. Rule 10 of Companies( Miscellaneous) Rules, 2014 prescribes 50 persons in this regard.


Act says:

By virtue of section 464 of the Companies Act, 2013, no association or partnership consisting of more than 100 number of persons as may be prescribed shall be formed for the purpose of carrying on any business.


Question:

Rule says 50 number and Act says 100 as maximum number.

Please let me know 50 numbers limit is for what and 100 numbers limit is for what. They seem same to me. Hence the question.

Thanks.

Replies (13)
Quick Summary
Section 464 allows up to 100 persons but authorizes rules to prescribe a lower limit. Rules set the limit at 50 persons. Hence, current maximum for unincorporated associations is 50, while Act provides upper cap of 100.

464 says

"Provided that the number of persons which may be prescribed under this sub-section
shall not exceed one hundred." i.e. by rules limit can be prescribed, but whatever limit is prescribed it must not be greater than 100 (i.e. upto 100).

And, the limit prescribed is 50 as per rules.

Hence, current limit is 50.

Thank you Manish sir for the clarification.

 

 

 

thanks manish sir , for clarification

What is the limit of partners in professions covered under special statute. Like in CA??

as it is given as an exclusion of sec 464.

Good question Mr. Anil. Th

There is no limit on special governed professionals. 

 

Even ICAI relesed an explanation regarding unlimited partners in CA partnership.

What if members reduced to 30
Can a person be a partner in more than one firm? Kindly clarify this query.

shahyar husain

A person can be a partner in more than one firm as long as the partnership deed of the firm in which he currently is a partner in does not have any restrictions.

The Central Government has prescribed maximum number of partners in a firm to be 50 vide Rule 10 of the Companies (Miscellaneous) Rules,2014. Thus, in effect, a partnership firm cannot have more than 50 members"

Is the maximum number of partners increased to 200

Maximum 50 hai, Matlab 2 se 50 tak kitne bhi chalte hai.🌝🕺

Maximum 50 hai, Matlab 2 se 50 tak kitne bhi chalte hai.🌝🕺


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