Explain different ways to acquire membership of the company briefly.

4 views

1 Answers

Any person who is competent to contract can become a member after fulfilling certain requirements for membership in a company. 

The different ways to acquire membership of a company are explained below:

(i) By Subscription:

  • The subscriber to the Memorandum of Association of a company, who are signatories to the Memorandum of the company is deemed to have agreed to become the members of the company.
  • When the company is registered, their names are entered as the members in the Register of Members. In this case, neither an application nor the allotment of shares is important to become a member.

(ii) By Application and Allotment of shares:

  • This is one of the methods of acquiring membership. An application for shares is made by an applicant in response to the invitation given by the company through its prospectus.
  • The company then allots the shares as an acceptance to his application and offers the shares. The applicant then becomes the shareholder and his name is entered in the ‘ Register of Members’.

(iii) By Transfer of shares:

  • After acquiring the shares by way of sale or gift, the buyer (transferee) is required to get the shares registered in his name in the Register of Members of the company.
  • For this an instrument of transfer signed by the buyer and the seller accompanied by the share certificate is to be lodged (sent to) with the company.
  • When the company approves the transfer, the name of the transferee is entered in the Register of Members and thus, be becomes a member of a company. The name of the earlier member is struck off from the Register.

(iv) By Transmission of shares:

  • In the event of the death or lunacy of a member, his legal heir or representative automatically becomes the shareholder.
  • He is entitled to have his name entered in the Register of Members. He can do so by making an application to the company, supported by legal evidence of his title.
  • When the company approves the title the name of the legal representative is entered in the Register of Members and thus, he becomes a member of a company.
  • This transfer of shares by the operation of law is called the transmission of shares.

(v) By holding shares in the Dematerialized form:

The person holding shares in dematerialized form and has his name as a beneficial owner in the records of Depository is treated as a member of the company.

(vi) Nominee of One Person Company (OPC):

In the case of One Person Company, the name of the nominee is given beforehand in the Memorandum of One Person Company. He becomes the sole owner of the shareholdings of the deceased member.

(vii) By Acquiescence:

If a person is wrongly entered in the Register of Members or holds or allows his name as the Register of Members without informing the company about its mistake, he is treated and made liable as a member in the event of liquidation of a company.

4 views