# Company, Company Incorporated Outside India, and Body Corporate
The Companies Act, 2013 uses three terms that are closely related but legally distinct. Understanding the difference is foundational because the applicability of provisions varies depending on which category an entity falls into.
## 1. Company
A Company means a company incorporated under:
- The Companies Act, 2013, or
- Any previous company law (e.g., the Companies Act, 1956).
Key point: Incorporation must be in India.
## 2. Company Incorporated Outside India
A company incorporated under any Act outside India (i.e., under the law of a foreign country).
Key point: It is not a 'Company' under the Companies Act, 2013, but is still treated as a separate category for certain provisions (covered later in Chapter 11 — Companies Incorporated Outside India).
## 3. Body Corporate
Definition: A corporate entity which has a separate legal existence.
### Inclusions (what IS a Body Corporate)
- Company incorporated in India
- Company incorporated outside India
- Limited Liability Partnership (LLP)
### Exclusions (what is NOT a Body Corporate)
- Co-operative society
- Sole Proprietorship
- Partnership Firm
## Quick Comparison Table
| Entity | Company? | Co. Incorporated Outside India? | Body Corporate? |
|---|---|---|---|
| Indian Co. (Cos. Act, 2013/1956) | Yes | No | Yes |
| Foreign Co. (incorporated abroad) | No | Yes | Yes |
| LLP | No | No | Yes |
| Partnership Firm / Sole Prop. | No | No | No |
| Co-operative Society | No | No | No |
## Why this matters
Many sections of the Companies Act apply to a 'company' only, while others extend to a 'body corporate.' Misclassifying an entity leads to wrong conclusions about whether a section applies.