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Company Incorporation Consultant in Delhi – Taxcrafted Solutions
Incorporation of Company is the legal process through which a business becomes a separate entity. Such companies are recognized by terms like LTD. or PVT. in the ending of their names.
To incorporate a company there should be at least 7 members who are required for public company and 2 for private company . The process involves a Digital Signature and Director Identification Number , reserving a company name with the Registrar of Companies, drafting the Memorandum and Articles of Association, filing the SPICe+ incorporation form with required documents, paying the prescribed free and finally in the end receiving the Certificate of Incorporation as it replicates or show the legal proof of company legal existence.
Preparation of ratite and AOA for company’s Incorporation
The first step in the incorporation process is choosing the reliable name for the company as it will be legally recognized by the name once it got registered. The name approval is mandatory from the Registrar of Companies (ROC)
The promoters must appeal to ROC of the perspective state along with the fee of 500 to get name approved. Once the name is approved the company should complete all other legal documentation and formalities within three months to proceed with formalities.
Preparation of MoA and AoA
The Memorandum of Association acts as company constitution which means as it defines the company objectives and scope of operations. It must be signed by at least seven members for public company and two for private company and it should be timely stamped.
The Articles of Association outline the internal rules and regulations for managing the company. It serves as contract between the company and the members which specify their rights, duties and liabilities.
Preparation of different documents for company’s Incorporation
Promoters must prepare several documents for incorporation. These include:
- Consent of Directors – Approval from all proposed directors.
- Registered Office Address – Notice of the company official address, to be filed with the RoC within 30 days.
- Particulars of Directors – Details of all directors must be submitted.
- Declaration – A declaration signed by an advocate, chartered accountant, or company secretary confirming compliance with all legal requirements.
Payment of Fees
A prescribed registration feee is paid to the Registrar of Companies. The amount depends on the company authorized share capital.
Once all documents are filed and verified, the Registrar registers the company and issues the Certificate of Incorporation. This certificate shows as legal proof that all requirements of Companies Act have been fulfilled.
Company’s Incorporation Certificate
Once the certificate of incorporation, the corporate becomes the legal entity and perpetual succession. this is often conclusive proof of the existence of the corporate. Once, the certificate has issued by the corporate involves the existences from the date mentioned on that.
Capital subscription
After incorporation the next step is raising funds. A private company can start business immediately but public company can only begin once the minimum subscription stated as some cash is received and shares are property allotted.
Additional Information:
As per Rule 16(1) of Company Incorporation, each subscriber must provide the following details to the Registrar at the time of incorporation:
- Name
- Date & Place of Birth
- Occupation
- PAN Number
- Educational Qualification
- Nationality
- Father’s/Mother’s Name
- Permanent Residential Address
- Email, Phone Number, Fax (optional)