## Company, Company Incorporated Outside India & Body Corporate
The Companies Act, 2013 distinguishes between three closely related but legally distinct entities. Getting these definitions right is foundational because every later chapter (incorporation, prospectus, share capital, deposits, etc.) presumes you can correctly classify a given entity.
### 1. Company
A Company means a company incorporated under this Act (Companies Act, 2013) or under any previous company law (e.g., Companies Act 1956, 1913, etc.).
Key point: the entity must be incorporated in India under an Indian companies legislation.
### 2. Company Incorporated Outside India
A company incorporated under any Act outside India (i.e., under a foreign country's company law).
It is NOT a 'Company' for the purposes of the 2013 Act, but it can still be a Body Corporate.
### 3. Body Corporate
Body Corporate = a corporate entity which has separate legal existence.
It is the widest of the three terms.
Body Corporate INCLUDES:
- Company incorporated in India
- Company incorporated outside India
- Limited Liability Partnership (LLP)
Body Corporate DOES NOT INCLUDE:
- Co-operative society
- Sole Proprietorship
- Partnership Firm
### Relationship — the funnel
```
Body Corporate (widest)
├── Company (incorporated in India under Companies Act)
├── Company Incorporated Outside India
└── LLP
```
Every Indian Company is a Body Corporate, but not every Body Corporate is a Company under the 2013 Act.
### Quick decision tree
1. Is it incorporated under an Indian companies law? → Company (and also a Body Corporate).
2. Is it incorporated under a foreign companies law? → Company Incorporated Outside India (and also a Body Corporate).
3. Is it an LLP? → Body Corporate, but NOT a Company.
4. Is it a partnership firm / sole proprietorship / co-operative society? → Neither a Company nor a Body Corporate.