Company registration steps for incorporation
The company registration steps are required to be taken for incorporation of a company other than a producer company. The following steps are required for your company registration procedures.
Purpose for which a company can be incorporated
A company can be incorporated for a lawful functional entirely. Every purpose is lawful unless it is forbidden by law or is contrary to public policy. Subject to the purpose being lawful. There is no limit on the purposes for which a company can be formed.
A company proposed to be formed an illegal purpose. Illegal under any law of the country cannot be properly registered.
Where the purpose is not lawful or where any of the objects is illegal. The registrar may refuse to register. If registered, the certificate of registration is not conclusive for the purpose of legitimating the unlawful part of the business.
Company Registration Steps for incorporation
1. Ascertain the availability of name proposed for the company from the Registrar of Companies. A choice of three to four names should be given.
2. Prepare memorandum of association.
3. Prepare articles of association.
4. Get the memorandum and articles of association stamped properly.
5. File the following forms with the Registrar of Companies :
(a) Memorandum of association of the company properly stamped. It is signed in the existence of witness by atleast 2 persons in the case of a private limited company and by atleast 7 persons in the case of a public limited company.
(b) Articles of association properly stamped and signed by atleast 2 persons in the case of private limited company. At least 7 persons in the case of a public limited company in the existence of witness.
(c) A copy of agreement (e.g. agreement for take over) if any, referred to in the articles.
(d) A statutory declaration by an authorized person (in Form No.1) to the effect that the conditions of the act. The rules made there under in respect of company registration have been compiled with in section 33(2).
(e) A power of attorney properly stamped and performed by all the subscribers allowing anyone of them or any other person to make necessary corrections on their behalf in the documents filed for registration with the Registrar of Companies and give due discharge and to receive for the certificate of registration.
(f) A copy of the letter is intimated to the Registrar of Companies for availability of the proposed name.
6. Deposit the requisite amount of registration fee as payable on the basis of authorized capital of the proposed company as well as the fee for documents filed with it.
7. The following documents may also be filed if the applicants so desire :
(a) A notice in Form No. 18 regarding situation of Registration office (section 146). This notice can be filed with the Registrar subsequently as well. When the company starts to move on business or within 30 days of the registration that is earlier.
(b) Particulars of the directors in Form No.32 in duplicate (section 303). These particulars can be filed subsequently also, within 30 days of the appointment of first directors.
(c) In the case of a public limited company
(i) Consent in Form No.29 of the persons to act as a director or to take and pay for the qualification shares of the proposed company registration.
(ii) Declaration in Form No.20 to the result that the provisions of the companies act under section 149 (2) have been compiled with. The company registration must be declared at the registrar office in Chennai. This declaration is required to file before a company can commence business.