Give me the list of documents that are to be executed before incorporating the company?
As per section 7 of the Companies Act, 2013, documents of incorporation to be filed with Registrar within whose jurisdiction, the registered office proposed to be situated. An online portal is available, by name MCA portal, wherein we can file all the scanned copies.
The documents that are required for incorporation of a company are:
- The memorandum of a company should be in the forms specified in Tables A, B, C, D and E in Schedule I as may be applicable to such company. The memorandum should contain the name of the company with last word “limited” for public company, and should end with “Private Limited” for a private limited company. Memorandum should mention in which state the company is situated. It should contain the main objects, incidental or ancillary objects to achieve the main objects to be mentioned. It should contain the share capital amount if the proposed company is a limited company and also mention the number of shares to each subscriber to Memorandum, Name of the company Memorandum of Association duly signed by all the subscribers to the memorandum.
- Declaration to be made by any professionals such as Advocate, a chartered accountant, cost accountant or company secretary in practice, and a proposed director, manager or secretary of the company, stating that all provisions of the Act and rules made under related to registration have been complied.
- Affidavit of each subscriber and directors to the Memorandum stating that he is not convicted of any offence in connection with the promotion, formation or management of any company, or not found guilty of any fraud or misfeasance, any breach of duty to any company in the preceding five years and that all the documents filed with the Registrar for registration are correct, complete, and true
- The address for communication till the company is registered,
- Particulars of each subscriber and first directors, such as his/her name, family name, residential address, nationality along with proof of identity
The Registrar upon perusing the documents, if satisfied that all particulars filed as required for incorporation under the Act, shall register the documents and issue a certificate of incorporation in the prescribed as if the proposed company is incorporated under this Act.
Adv. Anitha Gutti
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