Eligibility to become a Member of a Company

 A "member" is defined under Section 2(55) as a person who has agreed in writing to become a member and whose name is entered in the Register of Members.

  • Individuals: Any person competent to contract can be a member. A minor cannot generally be a member, though shares can be held in their name through a guardian if they are fully paid up.

  • Company: A company, being a separate legal person, can become a member of another company if authorized by its MoA. However, a subsidiary cannot be a member of its holding company.

  • Partnership Firm: A firm cannot be a member in its own name (as it is not a legal person), except in a Section 8 Company (Non-profit).

  • Foreigners/NRIs: Can be members subject to the provisions of the Foreign Exchange Management Act (FEMA).

  • HUF (Hindu Undivided Family): Can hold shares through its Karta.

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