Company Formation under The Companies Act, 2013

A company can be formed by subscribing to a Memorandum of Association (MOA). Minimum person required to form a Company varies in different kinds of companies, such as:

  • Public company: Seven or more persons.
  • Private company: Two or more persons.
  • One Person Company: One person, with provision for nomination.

Relevance of Incorporation

  • Shield from Liability.
  • Establish Perpetual Existence and Transfer of Ownership.

Incorporation Procedure: Section 7 of the Companies Act, 2013

Section 7 of the Companies Act, 2013 defines Incorporation Procedure. It prescribes documents and information needed, such as:

  1. Memorandum and Articles of Association.
  2. Declarations confirming legal compliance.
  3. Correspondence address and member details.
  4. First directors’ interests and consent.

Registration Process:

  • Submit documents to the Registrar.
  • Registrar registers and issues a Certificate of Incorporation.
  • Corporate Identity Number (CIN) is allotted.
  • Keep copies at the registered office.

Memorandum of Association (MOA)

MOA is a foundational document defining the company’s relationship with shareholders, specifying objectives. It includes:

  • Name Clause
  • Situation/Registered State Clause
  • Object Clause
  • Liability Clause
  • Capital Clause
  • Subscriber Clause

Articles of Association (AOA)

AOA, regulating internal affairs, includes regulations, matters inclusion, provisions for entrenchment, and outlines director appointment and removal.

Company – Meaning, Characteristics, Kinds and Formation

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