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    What You Must Know About Incorporate a Company in India
    What You Must Know About Incorporate a Company in India
    What You Must Know About Incorporate a Company in India
    Ebook111 pages47 minutes

    What You Must Know About Incorporate a Company in India

    By Edwin Jerome

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    About this ebook

    The book contain the step by step procedure to incorporate a company in India along with the relevant provisions of the Law.
    It is a compact guide with required forms and model Memorandum and Article of Association.

    LanguageEnglish
    PublisherEdwin Jerome
    Release dateNov 5, 2015
    ISBN9781310671548
    What You Must Know About Incorporate a Company in India
    Author

    Edwin Jerome

    Post Graduate in Law. Advocate at Madras High Court, India

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      Book preview

      What You Must Know About Incorporate a Company in India - Edwin Jerome

      WHAT YOU MUST KNOW ABOUT INCORPORATE A COMPANY IN INDIA

      PREFACE

      This book will help the Corporate Professionals, Executive, Entrepreneurs and Businessmen as well as students to be thorough on the formalities and procedures to register a Company in India as per Companies Act 2013. The book has latest information including the provisions of Companies (Amendment) Act 2015 was included.

      Edwin Jerome

      TABLE OF CONTENTS

      Preface

      Table Of Contents

      Incorporation Of A Company In India

      Types Of Companies

      Private Limited Company

      Public limited company

      Unlimited company

      Limited liability partnership (LLP)

      One Person Company

      Steps for company formation in india

      Director identification number(DIN)

      Application for allotment of director identification number

      Allotment Of Din

      Digital Signature Certificates (DSC)

      Filing The Proposed Name Of Company

      Un Desirable Names

      Reservation Of Name

      Memorandum Of Association And Articles Of Association

      Memorandum

      Articles

      Application For Incorporation Of Companies

      Requirements For Registration Of A Company

      Registered Office Of Company

      Memorandum of association of a company limited by shares

      Memorandum of association of a company limited by guarantee and not having a share capital

      Memorandum of association of a company limited by guarantee and having a share capital

      Memorandum of association of an unlimited company and not having share capital

      Memorandum of association of an unlimited company and having share capital

      Articles of association of a company limited by shares

      Articles of association of a company limited by guarantee and having a share capital

      Articles of association of a company limited by guarantee and not having a share capital

      Articles of association of an unlimited company and having a share capital

      Articles of association of an unlimited company and not having share capital

      Where to incorporate in india?

      Table of fees to be paid to the registrar

      Incorporation of a company in india

      In India Both Indian and foreign nationals can incorporate a company in India.

      TYPES OF COMPANIES:

      1.Private Limited Company

      2.Public Limited Company

      3.Unlimited Company

      4.Limited Liability Partnership (LLP)

      5.Partnership

      6.Sole Proprietorship

      PRIVATE LIMITED COMPANY:

      Section 2(68) of Companies Act 2013, private company means a company having a minimum paid-up share capital as may be prescribed, and which by its articles,—

      (i) restricts the right to transfer its shares;

      (ii) except in case of One Person Company, limits the number of its members to two hundred:

      Provided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this clause, be treated as a single member:

      Provided further that—

      (A) persons who are in the employment of the company; and

      (B) persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased, shall not be included in the number of members; and

      (iii) prohibits any invitation to the public to subscribe for any securities of the company;

      PUBLIC LIMITED COMPANY

      Section 2(71) of Companies Act 2013, public company means a company which—

      (a) is not a private company;

      (b) has a minimum paid-up share capital, as may be prescribed:

      Provided that a company which is a subsidiary of a company, not being a private company, shall be deemed to be public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles ;

      u/s 2(87) of the Companies Act 2013, subsidiary company or subsidiary, in relation to any other company (that is to say the holding company), means a company in which the holding company—

      (i) controls the composition of the Board of Directors; or

      (ii) exercises or controls more than one-half of the total share capital either at its own or together with one or more of its subsidiary companies:

      Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed.

      Explanation.—For the purposes of this clause,—

      (a) a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company;

      (b) the composition of a company’s Board of Directors shall be deemed to be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors;

      (c) the expression company includes any body corporate;

      (d) layer in relation to a holding company means its subsidiary or subsidiaries;

      UNLIMITED COMPANY

      U/s 2(92) of Companies Act 2013, unlimited company means a company not having any limit on the liability of its members;

      Limited Liability Partnership (LLP)

      Limited Liability Partnership (LLP) is an alternative corporate business entity that provides the benefits of limited liability of a company but allows its members the flexibility of organizing their internal management on the basis of a mutually-arrived agreement, as is the case in a partnership firm.

      ONE PERSON COMPANY.-

      (1) Only a natural person who is an Indian citizen and resident in India-

      (a) shall be eligible to incorporate a One Person Company;

      (b) shall be a nominee for the sole member of a One Person Company.

      Explanation.- For the purposes of this

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