In which place the company can be registered?
Yes, there is a special procedure for registration of a company under the Company Act, 1956, and same is stated in Companies Act, 2013. A company should be registered with the Registrar of Companies with documents such as Memorandum of Association, which is a vital document for incorporating a registered company under the Act. Section 12 states that formation of public company requires association of seven members minimum, where as 2 members for a private company, for a lawful purpose, subscribe their names to the memorandum, may form an incorporated company with or without limited liability. The Memorandum should be in lines with Tables B, C, D, and E of Schedule I to the Companies Act, 1956 based on the type of the company proposed to be incorporated. Memorandum of Association of a company contains the fundamental provisions of the Company’s constitution. Therefore, company cannot depart from the provisions of its memorandum at any point of time. Memorandum also states the liability of the members. Nevertheless, the Companies Act shall prevail over the provisions of the Memorandum of Association. The name clause is to be mentioned by which name the company is known.
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The company must be registered with Registrar of Companies where the principle office situated. The name clause must also to be included in the Memorandum of Association. In the name clause, the name of the State in which the registered office of the company situated is to be stated clearly in the Memorandum. This can be filed with the Registrar of Companies in e-form No.18 within 30 days from the date of incorporation or from the date of commencement of its business, whichever is earlier which would enable the Registrar to send notices or any other letters or documents to send to the particular office. The Company must give a notice stating that location of the principle office to the Registrar.
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Adv. Anitha Gutti