M and N holding70% and 30% of the shares in the company. Both died in an accident. Answer with reference to the provisions of the Companies Act,…

CA Foundation · Business Laws · PYQS · June 2024
M and N holding70% and 30% of the shares in the company. Both died in an accident. Answer with reference to the provisions of the Companies Act, 2013, what will be the legal effect on the company as both the members have died?

Suggested Answer and Working Notes:

One of the features of a company is that it has perpetual succession. As per this feature, members may die or change, but the company goes on till it is wound up on the grounds specified by the Companies Act,2013. The shares of the company may change hands infinitely but that does not affect the existence of the company. Since a company is an artificial person created by law, law alone can bring an end to its life. Its existence is not affected by the death or insolvency of its members. In the instant case, on the death of M and N, who are holding70% and30% shares in the Company, the existence of the company is not affected, since the shares held by M and N will be legally transmitted to their legal heirs.

Topics: The Companies Act, 2013

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