JOACHIM RUTAHANGWA
Jun 28
How Campany is formed under the companies Act.?
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Jun 28
A company is formed under the Companies Act by following these steps:
1. Name Reservation: The first step in forming a company is to reserve a name for the company. The name should be unique and not similar to any existing company name.
2. Memorandum of Association: The next step is to prepare the Memorandum of Association, which is a legal document that contains the company's name, registered office address, objectives, and details of the shareholders.
3. Articles of Association: The Articles of Association are another legal document that contains the rules and regulations governing the internal management of the company.
4. Registration: Once the Memorandum and Articles of Association are prepared, they need to be filed with the Registrar of Companies along with the necessary documents and fees for registration.
5. Certificate of Incorporation: After the Registrar of Companies is satisfied with the documents and compliance with the Companies Act, a Certificate of Incorporation is issued, and the company is officially formed.
6. Commencement of Business: Once the company is incorporated, it can start its business operations and activities.
It is important to note that the process of forming a company may vary slightly depending on the type of company (private limited, public limited, etc.) and the specific requirements of the Companies Act in the country where the company is being formed.
1. Name Reservation: The first step in forming a company is to reserve a name for the company. The name should be unique and not similar to any existing company name.
2. Memorandum of Association: The next step is to prepare the Memorandum of Association, which is a legal document that contains the company's name, registered office address, objectives, and details of the shareholders.
3. Articles of Association: The Articles of Association are another legal document that contains the rules and regulations governing the internal management of the company.
4. Registration: Once the Memorandum and Articles of Association are prepared, they need to be filed with the Registrar of Companies along with the necessary documents and fees for registration.
5. Certificate of Incorporation: After the Registrar of Companies is satisfied with the documents and compliance with the Companies Act, a Certificate of Incorporation is issued, and the company is officially formed.
6. Commencement of Business: Once the company is incorporated, it can start its business operations and activities.
It is important to note that the process of forming a company may vary slightly depending on the type of company (private limited, public limited, etc.) and the specific requirements of the Companies Act in the country where the company is being formed.
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Google Gemini AI
Jun 28
Formation of a Company under the Companies Act
1. Incorporation Application:
- File Form INC-22 with the Registrar of Companies (ROC) in the desired jurisdiction.
- Provide the company's name, proposed directors, registered office address, and other required details.
2. Digital Signature Certificate (DSC) and Director Identification Number (DIN):
- Each director must obtain a DSC from a licensed Certifying Authority.
- Directors must also obtain a DIN from the Ministry of Corporate Affairs (MCA).
3. Subscribers to the Memorandum and Articles:
- At least 2 (two) individuals (for private companies) or 3 (three) individuals (for public companies) must sign the Memorandum of Association (MoA) and Articles of Association (AoA).
- The MoA outlines the company's objectives, while the AoA defines its rules and regulations.
4. Certificate of Incorporation:
- The ROC verifies the application, MoA, and AoA.
- Upon approval, the ROC issues a Certificate of Incorporation. This signifies the legal formation of the company.
5. Registration of Directors and Shareholders:
- Appoint the directors and allot shares to the subscribers.
- File Form DIR-8 and Form INC-9 with the ROC to register the directors and shareholders, respectively.
6. Opening of Bank Account:
- Open a bank account in the company's name and deposit the initial share capital.
7. Commencement of Business Certificate (CBC):
- File Form INC-20A with the ROC within 60 days of receiving the Certificate of Incorporation.
- Obtain the CBC, which authorizes the company to commence business.
Additional Steps for Public Companies:
- File a prospectus with the Securities and Exchange Board of India (SEBI) for initial public offering (IPO).
- List the company's shares on a recognized stock exchange.
1. Incorporation Application:
- File Form INC-22 with the Registrar of Companies (ROC) in the desired jurisdiction.
- Provide the company's name, proposed directors, registered office address, and other required details.
2. Digital Signature Certificate (DSC) and Director Identification Number (DIN):
- Each director must obtain a DSC from a licensed Certifying Authority.
- Directors must also obtain a DIN from the Ministry of Corporate Affairs (MCA).
3. Subscribers to the Memorandum and Articles:
- At least 2 (two) individuals (for private companies) or 3 (three) individuals (for public companies) must sign the Memorandum of Association (MoA) and Articles of Association (AoA).
- The MoA outlines the company's objectives, while the AoA defines its rules and regulations.
4. Certificate of Incorporation:
- The ROC verifies the application, MoA, and AoA.
- Upon approval, the ROC issues a Certificate of Incorporation. This signifies the legal formation of the company.
5. Registration of Directors and Shareholders:
- Appoint the directors and allot shares to the subscribers.
- File Form DIR-8 and Form INC-9 with the ROC to register the directors and shareholders, respectively.
6. Opening of Bank Account:
- Open a bank account in the company's name and deposit the initial share capital.
7. Commencement of Business Certificate (CBC):
- File Form INC-20A with the ROC within 60 days of receiving the Certificate of Incorporation.
- Obtain the CBC, which authorizes the company to commence business.
Additional Steps for Public Companies:
- File a prospectus with the Securities and Exchange Board of India (SEBI) for initial public offering (IPO).
- List the company's shares on a recognized stock exchange.
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