So to summarize it for you, illegal association means:<\/em><\/p>\n\n\n\n As per rule 10 of Companies (Miscellaneous) Rules, 2014, no association\/partnership, can be formed of more than 50 persons for carrying on any business that is engaged in profit-generating business provided it is registered as a company under the Act or is formed under any other law.<\/p>\n\n\n\n Moreover, section 464 of the Act prescribes that Central Government has the power to raise such number of persons, maximum to 100.<\/p>\n\n\n\n It is worth mentioning here that this section will not apply to:<\/em><\/p>\n\n\n\n It may be noted here that in case 2 or more HUF carries on any profit-generating business jointly and forms a firm of more than 50 people, then it would be covered under Section 464 of the Act. While calculating the number of members under HUF minor members, that means persons below 18 years of age, won’t be counted.<\/p>\n\n\n\n In case any partnership form or association fails to comply with the provisions of this section, then the following consequences shall follow:<\/p>\n\n\n Each member associated with such an illegal association or partnership firm would be liable for a fine of up to 1 lakh rupees. Further, he shall be personally liable for all liabilities incurred in such business.<\/p>\n\n\n\n There are certain essential points that one should be aware of in this section. They are as follows:<\/p>\n\n\n\n It is worth to note here that offences committed under this section of the Companies Act 2013 is compoundable for officers by the Regional Director.<\/p>\n\n\n\n The Directors’ Liability<\/strong><\/a> of an Illegal Association is unlimited. Third-party can sue every director personally for recovery of their due.<\/p>\n\n\n\n Selling the shares of such association shall be an illegal activity. In case the shares are sold through brokers, then such broker can’t ask for commission. The buyer also can’t recover its money paid to the broker as commission.<\/p>\n\n\n\n Such illegal association not existing under the law cannot be wound up by a tribunal.<\/p>\n\n\n\n Here we look at a case law related to illegal association-<\/p>\n\n\n\n Case of Seth Badri Prasad and Otrs. Vs. Seth Nagarmal<\/strong><\/u><\/em><\/p>\n\n\n\n In this case, an association was formed by cloth vendors when a regulation was passed in cloth control in Rewa state with a President and Pioneer. However, there was a sudden dispute on accounts, and the matter was taken to the trial court. On appeal, it was held by the apex court that as to the last contention of the learned counsel for the appellants, it was pointed out that under Indian Partnership Act 1932<\/strong><\/span>1<\/sup><\/a><\/span>, an unregistered firm is not illegal, and there is no compulsion for a partnership firm to be registered, though the disabilities consequent on non-registration can be inconvenient.<\/p>\n\n\n\n With an illegal association comes loss and rises unlawful activities such as non-payment of taxes and such other issues. Therefore, it can be concluded that every company or association should comply with section 464 of the Companies Act 2013 as illegal association can affect the growth of the nation. Therefore its compliance is indispensable.<\/p>\n\n\n\n\n
Maximum number of persons<\/h3>\n\n\n\n
Non-applicability of Section 464 of the Companies Act 2013<\/h2>\n\n\n\n
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Consequences and Penalty for Non-compliance<\/h2>\n\n\n\n
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Essential points to know about Section 464 of the Companies Act<\/h2>\n\n\n\n
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Case Law<\/h2>\n\n\n\n
Conclusion<\/h2>\n\n\n\n