Incorporation
The promoters select a few suitable names in order of preference
indicating as far as possible the main object of the proposed company. Then
they apply to the Registrar of Companies to ascertain as to which of the names
selected by them is available for adaptation by the company. The application
form is supplied by the Registrar’s office and a fee of Rs. 10 is payable with
the application. After obtaining the approval of a name, the promoters get the
Memorandum and Article of Association drafted and printed and gets the same stamped
as per the stamp Act. Thereafter they file the following documents with the
Registrar office of the company is to be situated:
1.
The Memorandum of
Association to which at least seven persons (two persons in the case of a
company) have subscribed their names and each one of them has taken at least
one share.
2.
The Articles of Association
similarly signed.
3.
A statement of nominal
capital, and where it exceeds Rs. One core, a Certificate from the Controller
of capital Issue permitting the issue of capital.
4.
The agreement, if any, which
the company proposes to, enter into with any individual for appointment as its
managing or whole-time director or manager.
5. A statutory declaration by
an advocate an attorney, or a secretary or a charted accountant practicing in India
engaged in the formation of the company, or by a director or any other officer
of the company that all requirement of the Act and Rules the under in respect
of registration have been complained with.
6.
A list of directors and
their consent to act signed by each.
7.
The address of the
registered office.
The registered will scrutinize
the document and when satisfied that everything is in order will enter the name
of the company on the Registered of companies maintained in his office. He will
issue a Certificate of Incorporation, which gives the company legal existence
from the date given on it.
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