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http://www.onlinecompanyregistration.in/
Commencement of Business:
A Private Company and a company
having no share capital can commence
business immediately after
incorporation. A public company is
required to apply for and obtain a
certificate of commencement of
business from the registrar of
companies before it can do any
business or exercise any borrowing
powers. A Public Company is required
to file a prospectus or a statement in
lieu thereof and a declaration of
statutory compliance as provided by
section 149, where after the registrar
will issue a certificate for the
commencement of business.
http://www.onlinecompanyregistration.in/
Declaration of Compliance under section 149 where the
company issues a prospectus:
Under section 149 of the Act where a company having a share capital has
issued a prospectus inviting the public to subscribe for its share, it cannot
commence any business or exercise any borrowing powers unless
http://www.onlinecompanyregistration.in/
It has made allotment of shares to the extent of minimum
subscription.
Every director of the company has paid on each of the shares taken
or agreed to be taken by him for which he has to pay in cash a
proportion equal to the proportion payable on application and
allotment on the shares offered for public subscription; and
Declaration of Compliance under section 149 where
the company issues a prospectus:
http://www.onlinecompanyregistration.in/
No money is or may become available to be repaid to the applicants
on any shares of debentures which have been offered for public
subscription by reason of any failure to apply for, or to obtain the
permission for the share/debentures to be dealt with on any recognized
stock exchange; and
A declaration in form 19 duly verified by one of the directors or
secretary or where the company has not appointed a secretary in whole
time practice regarding compliance of the matters referred above,
which is required to be filed with the registrar for obtaining a
certificate of commencement of business.
Declaration of Compliance under section 149 where the
company issues a prospectus:
http://www.onlinecompanyregistration.in/
Declaration by companies which do not issue prospectus:
Where a company having a
share capital has not issued a
prospectus inviting the public to
subscribe for its shares, the
company cannot commence any
business or exercise any
borrowing powers unless
http://www.onlinecompanyregistration.in/
The company has filed with registrar a statement in lieu of
prospectus;
every director of the company has paid on each of the
shares taken or agreed to be taken by him for which he has to
pay in a cash a proportion equal to the proportion payable on
application on shares in cash; and
Declaration by companies which do not issue prospectus:
http://www.onlinecompanyregistration.in/
All the money due to be refunded to the applicants for shares and
debentures offered for public subscription by reason of the failure of
the company to apply form or to obtain permission from the shares and
debentures to be dealt in on any recognized stock exchange has been
refunded and no money is or may become liable to be repaid to such
applicants.
A declaration in Form no.20 duly verified by one of the directors or
secretary and where the company has not appointed a secretary, a
secretary in whole time practice to the effect that the matters referred
above has been compiled with, is required to be filed with registrar for
obtaining from him a certificate of commencement of business.
Declaration by companies which do not issue prospectus:
http://www.onlinecompanyregistration.in/
http://www.onlinecompanyregistration.in/

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Commencement of a business

  • 2. Commencement of Business: A Private Company and a company having no share capital can commence business immediately after incorporation. A public company is required to apply for and obtain a certificate of commencement of business from the registrar of companies before it can do any business or exercise any borrowing powers. A Public Company is required to file a prospectus or a statement in lieu thereof and a declaration of statutory compliance as provided by section 149, where after the registrar will issue a certificate for the commencement of business. http://www.onlinecompanyregistration.in/
  • 3. Declaration of Compliance under section 149 where the company issues a prospectus: Under section 149 of the Act where a company having a share capital has issued a prospectus inviting the public to subscribe for its share, it cannot commence any business or exercise any borrowing powers unless http://www.onlinecompanyregistration.in/
  • 4. It has made allotment of shares to the extent of minimum subscription. Every director of the company has paid on each of the shares taken or agreed to be taken by him for which he has to pay in cash a proportion equal to the proportion payable on application and allotment on the shares offered for public subscription; and Declaration of Compliance under section 149 where the company issues a prospectus: http://www.onlinecompanyregistration.in/
  • 5. No money is or may become available to be repaid to the applicants on any shares of debentures which have been offered for public subscription by reason of any failure to apply for, or to obtain the permission for the share/debentures to be dealt with on any recognized stock exchange; and A declaration in form 19 duly verified by one of the directors or secretary or where the company has not appointed a secretary in whole time practice regarding compliance of the matters referred above, which is required to be filed with the registrar for obtaining a certificate of commencement of business. Declaration of Compliance under section 149 where the company issues a prospectus: http://www.onlinecompanyregistration.in/
  • 6. Declaration by companies which do not issue prospectus: Where a company having a share capital has not issued a prospectus inviting the public to subscribe for its shares, the company cannot commence any business or exercise any borrowing powers unless http://www.onlinecompanyregistration.in/
  • 7. The company has filed with registrar a statement in lieu of prospectus; every director of the company has paid on each of the shares taken or agreed to be taken by him for which he has to pay in a cash a proportion equal to the proportion payable on application on shares in cash; and Declaration by companies which do not issue prospectus: http://www.onlinecompanyregistration.in/
  • 8. All the money due to be refunded to the applicants for shares and debentures offered for public subscription by reason of the failure of the company to apply form or to obtain permission from the shares and debentures to be dealt in on any recognized stock exchange has been refunded and no money is or may become liable to be repaid to such applicants. A declaration in Form no.20 duly verified by one of the directors or secretary and where the company has not appointed a secretary, a secretary in whole time practice to the effect that the matters referred above has been compiled with, is required to be filed with registrar for obtaining from him a certificate of commencement of business. Declaration by companies which do not issue prospectus: http://www.onlinecompanyregistration.in/