Companies Act - Documents and Details Required for Incorporation of Company

Introduction

We know two important documents i.e Memorandum of Association and Articles of Association are required for incorporation of Company. They are big topic in themselves and we will discuss them separately. Here we discuss general documents necessary for incorporation of Company.

Below are documents required to submit to registrar of company in whose jurisdiction registered office of Company is proposed to be situated.

Memorandum of Association

This is discussed here in detail. This is mandatory document as per Section 7(a).

Article of Association

This is discussed here in detail. This is mandatory document as per Section 7(a).

Both the Memorandum and Article should be duly signed by all the subscribers.

Declaration by Engaged Person

You are going to take help of Chartered Accountant, Lawyer, Cost Accountant or Company Secretary to form a Company. Such engaged person must give declaration.

What they are going to state in this declaration ?

It will be statement that states all requirements and rules of the Act related to registration and related matters are complied with.

Declaration by Persons named in the Article

The persons named in Article of Association such as director, manager or secretary have to declare the same as declaration by engaged person, that as far as rules and regulations are concerned, we are good.!!

This declarations are mandated as per Section 7(b)

Affidavits

by Whom ? 

Below folks have to submit the affidavits
  1. Subscriber of memorandum
  2. First Directors 

What the affidavits should contain ?

  • That above people are not convicted in offense related to promotion, management or formation of company
  • That they are not guilty of fraud or misfeasance
  • Not done any breach of duty under this act during last 5 years.
Provision in this regard are contained in Section 7(1)(c)

Other Details  

Below are some additional details needs to be given while registering the firm

Address for correspondence till Registered office is established. 7(1)(d)
Details of Subscriber in memorandum : such as name, address, Adhar Card etc. 7(1)(f)
Details of Subscriber in Article as the first directors and their name, address etc
Details of interests of first directors from Articles in other companies along with their consent to act as a director


These are some of the details and documents which have to be provided in application for incorporation of company.








Comments

Post a Comment

Followers

Popular posts from this blog

Privileges and Immunities to Administration in Suits

Introduction You know government can enter into contracts. Government can start some business. It mean government can sue other people, or you can sue the government. Before you initiate a legal proceedings against government, or even after legal proceedings are initiated, there are some relaxations to government.( OK, we will use Government/Administration as per our discretion interchangeably in this post, but they will mean the same ). So, it might happen that to prove something you may need a document or evidence, but government may be given exemption to produce evidence in that regard. Let's take one example.  General law is that burden of proof is on prosecution. Meaning, the one who accuses other  needs to prove the crime/offence by other. But when government accuses you of Sedition, you have to prove your innocence, burden of proof is on YOU. This is scary, as many times government in power just accuses people of sedition who opposes their ideas/policies, and put oppone...
Read more

Legal History-Administration of Justice in Bombay (1668-1726)

Image
Story About Bombay In 1534, Portuguese acquired Bombay from Local Hindu Raja. Then Bombay was given to King Charles II as dowry in his sister's marriage to in 1661. In 1668 Bombay was given to rent to East India Company for a rent of 10  £ . By today's exchange it would be around 100 Rs. So  yes, Bombay was given on rent to East India Company for the price of 10 Vada-Pav. Administration of Bombay was subordinate to Surat back then. After renting it, company issued a charter in 1668 granting company some rights to make laws to deal with Bombay. Like Administration in Madras, development of Earlier administration could be studied in 3 stages. First Stage: 1670-1683 (Aungier Eara) During this period Bombay was subordinated to Surat. The Governor of Surat was ex-officio Governor of Bombay, though Bombay had Deputy Governor and Council. Gerald Aungier brought some changes in Administration of justice. Two plans, i.e plan of 1670 and plan of 1672 made progress in so...
Read more

Legal History-Madras Settlement (1639-1726)

British established it's first factory in Surat. As they expanded they established factories in other town such as Madras, Calcutta and Bombay. Francis Day got piece of land from Hindu king for the East India Company in 1639. East India Company got a town named as "Madraspatanam". (Don't tell this to UP CM Yogi, or else he will rename Madras). British Established fortified factory were Englishmen would stay. Till 1665, Madras was subordinate to Surat. Now town was divided into two divisions. In fortified area, Englishmen and European used to stay which was known as "White Town", whereas villagers stayed outside were known as "Black Town" Study of development of legal administration is divided into three stages. We can divide in as many stages as we want, provided we have certain distinguishing criteria for each division. Let's see each stage with some more details. First Stage-1639-1665 (Black town, white town, choultry court) Th...
Read more