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           Formation of company

      

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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