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Microlesson · 5-min read

Characteristics of a Company

# Characteristics of a Company

A company is more than a group of people - it is a distinct legal entity with unique attributes. These nine characteristics are foundational.

## The Nine Characteristics

#CharacteristicWhat It Means
1Separate legal entityCompany is distinct from its members in the eyes of law
2Limited liabilityMembers' liability is limited (to unpaid share value / guarantee)
3Perpetual successionDeath/insolvency of members does not affect company's existence
4Separate propertyCompany owns property in its own name, not the members
5Transferability of sharesShares can be freely transferred (with restrictions in private cos.)
6Common sealHistorically the company's signature (now optional)
7Capacity to sue and be suedCompany can sue / be sued in its own name
8Separate managementOwned by shareholders, managed by directors
9Voluntary association for profitMembers join voluntarily, usually for profit (Section 8 companies are an exception)

## Why These Matter

These characteristics flow from the famous principle in Salomon v. Salomon & Co. Ltd. - that a company is a separate person in law.

## Memory Aid

"SLP-S-TC-CSV" → Separate entity, Limited liability, Perpetual succession, Separate property, Transferability, Common seal, Capacity to sue, Separate management, Voluntary association.

Worked example

### Example 1

Q: Mr. A is the sole shareholder of ABC Pvt Ltd. He dies. Does the company also cease to exist?

A: No. Due to perpetual succession, the company continues to exist independently. The shares of Mr. A would pass to his legal heirs, but the company itself is unaffected.

### Example 2

Q: Can a company file a defamation suit against a person who defames it?

A: Yes. The characteristic of capacity to sue and be sued means the company can initiate legal action in its own name.

⚠️ Common exam mistakes

  • Confusing 'separate legal entity' with 'separate property' - they are linked but distinct characteristics.
  • Forgetting that 'common seal' is now OPTIONAL after the Companies (Amendment) Act, 2015.
  • Saying the company itself has 'unlimited life' - the correct term is perpetual succession, which means continuity is unaffected by changes in membership.
Reference:
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