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Microlesson · 5-min read

Characteristics of a Company

# Characteristics of a Company

A company incorporated under the Companies Act, 2013 has nine distinguishing characteristics.

## The Nine Characteristics

1. Separate Legal Entity — The company is a distinct legal person, separate from its members.

2. Limited Liability — Members' liability is limited (by shares or guarantee), except in unlimited companies.

3. Perpetual Succession — The company continues to exist regardless of changes in membership; death/insolvency of members does not affect it.

4. Separate Property — The company can own, hold, and dispose of property in its own name.

5. Transferability of Shares — Shares of a public company are freely transferable (subject to restrictions in private companies).

6. Common Seal — Traditionally the company's signature (now optional after 2015 amendment).

7. Capacity to Sue and Be Sued — The company can initiate and defend legal proceedings in its own name.

8. Separate Management — Ownership (members) and management (directors) are separate.

9. Voluntary Association for Profit — A company is a voluntary association generally formed for a profit motive (except Section 8 companies).

## Why These Matter

These characteristics flow from the foundational principle of corporate personality — that a company is a legal person distinct from its members.

## Memory Aid: 'SLPST-CCSV'

Separate legal entity, Limited liability, Perpetual succession, Separate property, Transferability of shares, Common seal, Capacity to sue, Separate management, Voluntary association.

Worked example

### Example 1

Q: List any four characteristics of a company.

A: (i) Separate legal entity; (ii) Limited liability; (iii) Perpetual succession; (iv) Capacity to sue and be sued in its own name.

⚠️ Common exam mistakes

  • Forgetting that 'common seal' is now optional after the Companies (Amendment) Act, 2015
  • Confusing limited liability (capping member liability) with the company having limited liability — the company itself is fully liable for its debts
  • Stating that ALL companies must be formed for profit — Section 8 companies are an exception
  • Saying shares of all companies are freely transferable — private company shares have restricted transferability
Reference:
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