OPPapers.com

Compny Law

Company Law
1 Incorporation of company
Formation of a company involves following procedures –
(a) Approval of name.
(b) Drafting of Memorandum of Association, typed on stamp paper and signed
(c) Articles of Association duly typed on stamp paper and signed (not essential in case of public limited company limited by shares, but still almost invariably submitted).
(d) E-filing of documents
(e) Submission of required papers like Statutory declaration of compliance, Power of Attorney
(f) Payment of filing Fees.
(g) Correcting Memorandum and Articles if required by ROC by person holding Power of Attorney
(h) Filing final copy of Memorandum and Articles in pdf format, if corrections were made.
(i) Collect certificate of incorporation by holder of Power of Attorney.
1-1 Approval of name – The first step in formation of a company is getting the proposed name approved from Registrar of Companies of the State where the company is to be incorporated. Availability of a name can be checked using the ‘Check Company Name’ service under ‘Other Services’ tab on homepage of MCA i.e. www.mca.gov.in. Once this is done, chances of rejection of proposed name will be much less.
Name should be indicative of the main object of the proposed company.
Purpose of application is to confirm that the proposed name is not undesirable as per section 20. Same procedure applies for change of name also.
The procedure for approval of name of company has been changed w.e.f. 16-11-2007. Application for approval of name should be made to regional ROC electronically in form 1A with fees of Rs 500.
If some key words or coined words are used, its significance should be stated. If proposed name is based on registered trade mark or application has been made for registration of trade mark, details should be furnished.
Two persons in case of a private company and seven persons in case of public company should be named as...