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  • 1. 1. TYPE OF COMPANY The promoters are to decide on the type of the company either it is to be a Public/private company Company limited by share/guarantee with or without share capital/unlimited company
  • 2. 2. STATE The state where the registered office of the company is to be situated is to be decided by the promoter. The determination of state is necessary in ascertaining the REGISTRAR OF COMPANY(RoC) with whom papers for incorporation of company has to be filled
  • 3. 3. NAME OF THE COMPANYA suitable name is to be decided after considering - Requirement of Sec.13, i.e. name to end with the case of public company and private Limited in case of private company having liability. In the case of Sec. 25 Company, the above requirement are dispensed with. Requirement of Sec. 20 i.e. name should not be undesirable or be identical with or too nearly resemble the name of an existing company. Name prohibited under the Emblems and Names (Prevention of improper use) Act, 1950, should not be used.
  • 4. 4. DRAFTING of MEMORANDUM & ARTICLE OF ASSOCIATION Draft the Memorandum and articles of Association in a form prescribed in Schedule1 to Company Act.
  • 5. 5. STAMPING OF MEMORANDUM & ARTICLE OF ASSOCIATION M&A is to be stamped in accordance with the stamp laws prevalent in the State where the registered office of the Company is to be situated.
  • 6. 6. SIGNING OF MEMORANDUM & ARTICLE OF ASSOCIATION The M&A has to be signed by each (7 in case of public company or 2 in case of private company) and add address, description and occupation if any. Company having share capital, each subscriber is to take up atleast one share and state clearly the number and nature of share taken up. The above signature is attested by a witness.
  • 7. 7. POWER OF ATTORNEY In order to fulfill various formalities for registration and making corrections, if any, in the MoA as suggested by RoC, a power of attorney is given in favour of one person by all subscribers on a non judicial stamp paper of value prescribed in the respective State Stamp Laws.
  • 8. 8. DOCUMENTS TO BE FILLED AT THE TIME OF INCORPORATION Memorandum of Association & Article of Association Form 1 duly signed Form 18 dully signed Original letter of name available from RoC Agreement if any, with the person to be appointed as MD Power of Attorney Form 32 in duplicate Fees as per schedule 10
  • 9. 9. CERTIFICATE OF INCORPORATION RoC after being satisfied about compliance of all the above formalities shall retain and register M&A and issue certificate of incorporation. The certificate of incorporation issued by the RoC is conclusive evidence of all requirement of Act and rules there under for formation of the Company.
  • 10. 10. CERTIFICATE OF COMMENCEMENT OF BUSINESS A private company and a company having no share capital can commence business immediately on receipt of certificate of incorporation. A company other than private company and a company having share no share capital can commence business after obtaining a certificate of commencement of business.
  • 11. THANK YOU