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Microlesson · 5-min read

Company Limited by Shares [Section 2(22)]

# Company Limited by Shares — Section 2(22)

## Definition

A company limited by shares is a registered company having the liability of its members limited to the amount, if any, unpaid on the shares respectively held by them.

## Key Features

1. Liability Cap: Limited to the unpaid amount on shares.

2. Timing of Call: The unpaid amount can be called anytime — including during winding up or as a going concern.

3. Fully Paid Shares: If shares are fully paid-up, the member has nothing more to pay.

## Numerical Illustration

ScenarioFace ValueAmount PaidMaximum Liability
Partly paidRs. 10Rs. 7Rs. 3 per share
Fully paidRs. 10Rs. 10NIL

## Why It Is Popular

This is the most common form of company in India because:

  • Members enjoy certainty of maximum liability.
  • Risk to members is capped at investment.
  • Easy to compute liability — simply look at unpaid amount.

## Memory Aid

'Pay only what's unpaid' — that is the essence of limited liability by shares.

Worked example

### Example 1

Q: Mr. A holds 1,000 shares of Rs. 10 each in XYZ Ltd. He has paid Rs. 6 per share. What is his maximum liability?

A: Since XYZ Ltd. is a company limited by shares, Mr. A's maximum liability is limited to the unpaid amount on his shares = Rs. 4 x 1,000 = Rs. 4,000.

### Example 2

Q: If Mr. A's shares were fully paid-up (i.e., Rs. 10 per share paid), what would be his liability?

A: NIL. In a company limited by shares, if the shares are fully paid-up, the member has nothing more to pay.

⚠️ Common exam mistakes

  • Stating that liability is limited to the face value of shares — it is limited only to the UNPAID portion
  • Thinking the unpaid amount can be called only during winding up — it can be called any time
  • Confusing this with companies limited by guarantee where liability arises only on winding up
Bare-Act text Section 2(22) · Companies Act, 2013 · click to expand
'Company limited by shares' means a company having the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them.
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