# Section 2(20) — Company & Section 2(11) — Body Corporate

## Section 2(20) — Definition of 'Company'

> 'Company' means a company incorporated under this Act or under any previous company law.

Key points:

It must be incorporated (i.e., registered).
Registration must be under the Companies Act, 2013 OR any earlier Indian company law (e.g., Companies Act 1956, 1913, 1882, etc.).
This is an exhaustive definition (uses the word 'means').

## Section 2(11) — Definition of 'Body Corporate'

> 'Body corporate' or 'corporation' includes a company incorporated outside India, but 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 this Act), which the Central Government may, by notification, specify in this behalf.

Key points:

This is an inclusive definition (uses the word 'includes').
It expressly includes foreign companies (i.e., bodies incorporated outside India).
It expressly excludes co-operative societies and any other body corporate notified by the Central Government.

## 'Means' vs 'Includes' — Exhaustive vs Inclusive

Aspect	'Means' (Exhaustive)	'Includes' (Inclusive)
Scope	Only what is mentioned	What is mentioned + similar things by their natural meaning
Used in	Section 2(20) – Company	Section 2(11) – Body Corporate

## Relationship between Company and Body Corporate

> All companies are body corporates, but all body corporates are NOT companies.

```

+--------------------- Body Corporate ---------------------+


	Indian companies registered under	Foreign Cos
	Companies Act 2013 / earlier laws	Statutory Cos
+------------------------------------+ (e.g., LIC,
RBI)
Excluded: Co-operative Societies, CG-notified bodies

+----------------------------------------------------------+

```

## Foreign Company (linked concept — Section 2(42))

> A 'foreign company' means any company or body corporate incorporated outside India which has a place of business in India (whether by itself or through an agent, physically or through electronic mode), and conducts any business activity in India in any other manner.

A foreign company is a body corporate but is NOT a 'company' within the Section 2(20) meaning (because it is not incorporated under the Indian Companies Act or any previous Indian company law).

Worked example

### Example 1

Example 1 — Indian Private Ltd.: ABC Pvt. Ltd. is incorporated under the Companies Act, 2013 in Mumbai. It is BOTH a 'company' (Sec 2(20)) AND a 'body corporate' (Sec 2(11)).

### Example 2

Example 2 — Foreign Company: Tesla Inc. (incorporated in USA) opens an office in Bengaluru. It IS a 'body corporate' (Sec 2(11)) because the definition expressly includes companies incorporated outside India. But it is NOT a 'company' within Sec 2(20) because it is not registered under Indian company law.

### Example 3

Example 3 — Co-operative Society: Amul (a co-operative society registered under the Co-operative Societies Act). It is NEITHER a 'company' NOR a 'body corporate' — Section 2(11) expressly excludes co-operative societies.

### Example 4

Example 4 — Statutory Corporation: LIC (Life Insurance Corporation) was created by the LIC Act, 1956. It is a 'body corporate' (created by statute) but NOT a 'company' under Section 2(20) because it is not registered under the Companies Act.

⚠️ Common exam mistakes

Treating 'company' and 'body corporate' as synonyms — they are not. Every company is a body corporate, but not vice versa.
Forgetting that the definition of 'company' is exhaustive ('means') while 'body corporate' is inclusive ('includes').
Including co-operative societies in 'body corporate' — they are expressly excluded by Section 2(11).
Saying a foreign company is a 'company' under Section 2(20) — it is only a 'body corporate'.
Forgetting that the Central Government has power to notify additional exclusions from 'body corporate'.

Bare-Act text Sections 2(11) and 2(20) · Companies Act, 2013 · click to expand

Section 2(20): 'company' means a company incorporated under this Act or under any previous company law. Section 2(11): 'body corporate' or 'corporation' includes a company incorporated outside India, but 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 this Act), which the Central Government may, by notification, specify in this behalf.

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Section 2(20) Company and Section 2(11) Body Corporate

Worked example

⚠️ Common exam mistakes