Company Law

Company Law

INCORPORATION OF   COMPANIES

    1. Decide the type of company – private, public etc.

    2. Through Ministry of Corporate Affairs’ portal we need to interact and upload documents through digital mode.   The site is “www.mca.gov.in”

    3. For this purpose, obtain Director Identification Nos. (DIN) of proposed directors and also obtain Digital Signature Certificate (DSC)   from proposed authorized director to e-file / upload e-forms.

    4. Identify a desired name of the proposed company   and apply in Form 1A together with Rs.500/- fee. to the Registrar of Companies (ROC) for making available the   Name of the proposed company.

    5. In the above Form 1A indicate three “alternate choices” of Names of proposed companies, apart from the main name selected.

    6. Prepare Memorandum and Articles of Association, keeping provisions of the law (Section 13 and Schedule 1 – Table A, B or C to the Companies Act, 1956).

    7. Ensure sufficient number of subscribers to Memorandum of Association and Articles of Association are identified.   Section 12 provides for minimum number of members – 7 in case of public company and 2 in case of private company.

    8. Get the drafts of   Memorandum of Association and Articles of Association vetted   by officials at ROC office to avoid future corrections.

    9. Finally, print the above MoA and AoA and get them signed by the subscribers and get them stamped as per requirements of law.

    10. Appointment of Power of Attorney by subscribers by executing on a non-judicial stamp paper to correct the documents.

    11. Other forms to be filed:

              i) Statutory declaration in Form no.1   [section 33(2)] by the Directors.

            ii) Filing of Form 18 – Notice of registered office with complete address and nearest police station having jurisdiction over the registered office.

            iii) Filing of Form 29 – consent of Directors in case of public company...