Procedure for Formation of Company
The origin of company is not only to meet a group of persons but gradually the realization of legal facts, which together cause the emergence of the company. In the process, we can distinguish the following basic stages:-- Establishment of a corporation, which occur conclusion of the social contract, means the consent of all founder members towards the establishment of a particular company. This consent should be mentioned under a prescribed forum as prescribed under New Companies Act 2013 of India; that must be in writing and signatures of the founders must be officially verified. The Memorandum of limited liability companies and joint stock company foundation agreement must be in the form of a notary deed. Also, the memorandum must be in the form of a notary deed. The content of the social contract is identical to the memorandum of association.
- Under company formation procedure obtain a license for commencing of business. Valid only for those companies that established for business purposes including public limited company and limited partnership that may be established for business purposes. This certificate is similar like as trade certificate or license deed under the Trade Act.
- The next is to have sufficient capital before filing an application for company incorporation in India. One needs to register sufficient capital before registering the company under the esteem corporate act in India.
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Company Formation Steps and Procedure in India
For company formation there are numerous steps and procedures as prescribed by the govern authority of Ministry Of Corporate Affairs that are mentioned under New Companies Act 2013. Here below are the rules and steps for company formation in India.- First get decide the name of company that must be under rules of esteem act.
- File an application to ROC for company's name approval.
- After getting approval; get file an application for company incorporation to the same ROC.
- Need to submit fees for company formation in India under the corporate act and also need to submit require legal documents like MOA / AOA and other company details. All these documents need to submit to the same authority.
- After the authority verify all your documents; will issue a certificate of company incorporation in India.
- After this, you need to file an application for obtaining the certification of commencement of business in India.