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Formation of company |
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What is a Company ?
The word
Company has strictly no technical meaning. The Companies Act,1956 defines a
Company to mean a Company formed and registered under the Companies Act.
In Common Law a company is endowed with the status of a legal person or a legal entity
which means that it is an organisation seperate from its members and capable of surviving
beyond the life of its members, capable of having its own rights and duties with the added
advantage of perpetual succession.
Do you wish to
Incorporate a Public Limited Company ?
Select, in order of
preference, a few suitable names, not less than four, each of which should indicate as far
as possible the main object of the proposed Company. Out of the four proposed names, one
name will be main and other three to be mentioned in order of preference.
Avoid names which
resemble too closely or are the same as the names of any other Company already registered.
Follow the guidelines
issued by the Central Government for availability or otherwise of certain names.See that
the name chosen does not violate the provisions of Emblems and Names Act,1950.
Apply to the Registrar
of Companies in Form no 1A to ascertain which of the names selected by you is available.
Pay the requisite fees
in cash for the application for availability of name to the Registrar of Companies.
The Registrar of
Companies will ordinarily inform within a period of fourteen days from the date of
submission of your application whether any of the names applied for is a available or not.
If the name is not made available, you will have to apply again to the Registrar of
Companies selecting fresh names with required application fee.
Get the Memorandum and
Articles of Association suitably drafted.
If you want to have the
shares of your proposed Company to enlisted with a recognised Stock Exchange later on when
public issue will be made, then ensure that the draft of the proposed Articles of
Association includes those specific provisions which Stock Exchange generally requires to
be included in the Articles of public companies going enlistment
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