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What is the meaning of ‘body corporate’ in the Se…

What is the meaning of ‘body corporate’ in the Section 186 of the companies act?

What is the meaning of ‘body corporate’ in the Section 186 of the companies act?

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Chiranjibi Jul. 19, 2017

Section 2(11) provides that ‘body corporate’ or ‘corporation’ includes a company incorporated outside India, but does not include---
i. A cooperative society registered under any law relating to cooperative 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. General characteristics of body corporate are: - Incorporated under some law - Perpetual succession - Ability to hold property in its own name - Legal entity apart from the members Examples of ‘body corporates’: 1. All companies registered under Indian Companies Act 2. All companies registered under any Act outside India 3. Any Corporation registered under any special law in India or abroad 4. Public financial institutions u/s 2(72) of Companies Act 2013 5. Nationalised banks incorporated under Banking Companies (Acquisition & Transfer of Undertakings) Act 1970 6. LLPs These are not bodies corporates: 1. Proprietorship concerns 2. Partnership firms (other than LLPs) 3. HUFs 4. Societies registered under Societies Registration Act 5. Mutual funds managed by trustees (UTI is a body corporate