Types Of Business Structures In India: Application Of The Doctrine Of Separate Legal Entity To The Varied Structures
Chetan Trivedi, Research Scholar, Chandigarh University
ABSTRACT
There are various business structures in India. The Indian economy is a mixed economy with different small, medium and large businesses. Some of the organizations are owned completely by the government whereas, some of them are owned by the private sector. On the other hand, some business organizations work with a specialized partnership between the private and the public sector. There are various kinds of business structures legally recognized, registered and unregistered in India which shape the manufacturing, service and trading sector of India. With a country as diverse as India, the country requires such a combination of business structures. In this research, these different types of business structures are analyzed. The main types of business structures that are dealt with for this research are One Person Company, Limited Liability Partnership and Private Limited Company. Other business structures are also explained in the context of the principle of separate legal entity. The structure of a company is unique as it is an artificial person created by law, having its identity different from those who run the company. There are various common law principles evolved over the years and legislations which are enacted for the legal regulations over companies of different types. The Companies Act 2013 is one of the most important legislation for the business structures in India along with the doctrine of separate legal entity and lifting of the corporate veil.
In the given research, the doctrine of separate legal entity is first explained and then it is applied to various types and forms of companies prevalent in the country. The research paper is divided into various sections. It aims at finding out the best business structure in India for different situations and offers an insight into the developments in the Companies Act 2013 in India. Further, it helps in understanding how the developments have affected the opportunities for business organizations in the country at different levels and how it has changed the economic scenario of the country. The research is then followed by a logically derived conclusion and a list of books, articles and other sources which are used for the research in this paper.
Keywords: Companies Act 2013, separate legal entity, One Person Company, Limited Liability Partnership, Private Limited Company.
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