Companies Act, 1956
Sec 12 - Mode of
forming incorporated company.
(1) Any seven or more persons, or where the
company to be formed will be a private company, any two or more persons,
associated for any lawful purpose may, by subscribing their names to a
memorandum of association and otherwise complying with the requirements of this
Act in respect of registration, form an incorporated company, with or without
limited liability.
(2) Such a company may be either :
(a) a company having the liability of its
members limited by the memorandum to the amount, if any, unpaid on the shares
respectively held by them (in this Act termed "a company limited by
shares");
(b) a company having the liability of its
members limited by the memorandum to such amount as the members may
respectively undertake by the memorandum to contribute to the assets of the
company in the event of its being wound up (in this Act termed "a company
limited by guarantee"); or
(c) a company not having any limit on the
liability of its members (in this Act termed "an unlimited company").