Business Law Notes # 1–Procedure for forming a Company in India

Business Law Notes by

Ritu Khabia

C.S.; LL.B.(Hons); M.A. & M.phil. (Economics)

PGDTFM(ICFAI)

 

Steps to be taken for registering/incorporating a private limited company in India:-

~Select, in order of preference, a few suitable names, not less than four, indicative of the main objects of the company.

~Ensure that the name does not resemble the name of any other company already registered and also does not violate the provisions of Emblems and Names (Prevention of Improper Use) Act, 1950.

~Apply to the concerned ROC to ascertain the availability of a name in Form-1 A of the General Rules and Forms along with a fee of Rs.500/-. If the proposed name is not available apply for a fresh name on the same application.

~Arrange for the drafting of the Memorandum and Articles of Association & the vetting of the same by the ROC and the printing of the same.

~Arrange for the stamping of the Memorandum and Articles with the appropriate stamp duty.

~Get the Memorandum and Articles signed by at least two subscribers in his/her own hand, his/her father’s name, occupation, address and the number of shares subscribed for and witnessed by atleast one person.

 

~Get the following forms duly filled up and signed:-

*Declaration of compliance – Form-1.

*Notice of the situation of the registered office of the company – Form-18.

*Particulars of the Director, Manager or Secretary – Form-32.

Present the following documents to the ROC with the filing fee and the registration fee:-

*The stamped and signed copies of the Memorandum and Articles of Association (3 copies).

*Form-1, 18 & 32 in duplicate.

*Name availability letter issued by the ROC.

*Power of Attorney from the subscribers in favour of any person for making corrections on their behalf in the documents and papers filed for registration.

~Pay the Registration and Filing Fee by Demand Draft/ Banker’s Cheque if it exceeds Rs.1000/-.

~Obtain the Certificate of Incorporation from ROC.

 

~Additional Steps to be taken for formation of a Public Limited Company

*Consent of Directors to act as such in Form No.29.

*Arrange for payment of application and allotment money by Directors on shares taken or agreed to be taken.

*File the Statement in Lieu of Prospectus with the ROC in schedule-iv of the Companies Act.

*File a declaration in Form-20 duly signed by one of the Directors.

*Obtain the Certificate of Commencement of Business.

 

Business Law Notes by

Ritu Khabia

C.S.; LL.B.(Hons); M.A. & M.phil. (Economics)

PGDTFM(ICFAI)

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33 Comments

  1. Anshul Diwakar replied:

    Mam I Anshul Diwakar thanking you a lot that you are so conderned about us.
    gratitudes to dear mam

  2. ritusthoughtcatcher replied:

    Hi Anshul,
    You are most welcome…I hope all of you keep your notes & knowledge updated by regularly visiting my blog…& while you are here also check out the Vocab & the Wisdom section. All the best 🙂

  3. Ravi Jain replied:

    HELLO MEM,

    kya aap aapki qualification meine se thodi bhut mujhe de sakti ho kya bhut sari hai aap ke pass,chalo sirf M.A. wali hi dedo okkkkkkkkkkkkkk.

    WELL thats good and thanks mam that u have developed this good meadium for us to be in link with you.

  4. jaspreet replied:

    hello mam,
    me jassi hre.thanx a lot for d notes.dese r a gr88 help to us…bus ap apna ashirwaad aise hi dete rhe aur hum pad pad k pas hote rhe…thnku mam once again..

  5. ritusthoughtcatcher replied:

    @ Ravi I’m sure in a few years you’ll have many many qualification…phir tum mangne ke bajaye muze dene ki sochoge.

    @Jassi…hamara ashirwaad tau aapke saath hamesha hai…hum ashirwad banaye rakhenge aur tum log class mein thodi shanti banaye rakhna. 😛

  6. Abhijeet Mahajan replied:

    Thank you mam for giving us such precious notes.we will be grateful to you.

  7. Shesh Sharma replied:

    Thanks mam,
    for providing us the notes.we hope you will always help us.

  8. Bhupendra Prajapath replied:

    Thanks mam,
    for giving us useful notes.

  9. bharti thakur replied:

    thanks a lot mam for helping us in each n every way that u can.

  10. naina pancholi replied:

    thank you mam for your help
    we always look forward to u for your help and guidence
    thank you mam n i m not as mischivies as u r thinking

  11. Divya Sharma replied:

    Thank you mam for helping us with these notes.
    I’m sure ur notes r of great help to us.
    Thank you mam.

  12. Aditya goyal replied:

    thanx mam,
    for being so concerned abt ur students…

  13. Mehak Malhotra replied:

    heloooooooooo mam
    first of all veryy nice pics mam,,aur kitni sari degree hai apke pass job ke time thodi udhar de dena plssss

    and ha thank u so very much for d notes…hum apke bhut aabhari rahenge…inhe ke dum par pass ho jaenge….thank u mam
    byeeee
    gud day

  14. SANDEEP GEHI replied:

    Hiiiiiiiiiii mam

    Thanks for notes it will really help us , mam u have so much knowledge then y r u wasting ur time in prestige college ,……..,.,.,.,.,.,.,.,,,,,,,,,,,,,.,.,.,,,..,…,.,,,,.,.,.,once aqain thanks

  15. damodar padte replied:

    What are the objectives of Consumer Protection Act and what is the nature of Protection provided by the Act?

  16. damodar padte replied:

    Discuss the salient features of information technology act 2000.?

  17. ritusthoughtcatcher replied:

    Abhijeet, Shesh,Bhupendra, Bharti, Divya, Aditya, Mehak..you are most welcome 🙂

    Naina I know you are naughty but sweet too.

    Sandeep I’m having a great time teaching all of you…so
    not wasting my time.

    Damodar…watch out this space for notes on the topics you’ve requested.

  18. shubham tamrakar replied:

    hi maam…….

    i hv downloded all notes …. thnx… it woll surely help me in mah studies….

    any ways whats ur plan for manthan any rocking??

    ..and id mubarak…

    shubham…

  19. Mradul Parakh replied:

    Hello mam,
    thnx for providing us the notes.it will really help us.i keep my notes updated by regularly visiting ur blog.thanks a lot mam for helping us.i hope you will always help us.
    byeee

  20. sunil chichra replied:

    thank you mam for giving useful notes

    it will really help us

  21. aditya garg replied:

    hello mam
    i am very thankfull to you for give us business law notes and give me aashirwad to be pass in every sem.

  22. aditya garg replied:

    i am downloaded all the notes and i am quite sure that it will help me in studies

  23. Rahul Gautam replied:

    hello mam
    thank you for giving the notes.
    Happy Diwali mam

  24. kushal replied:

    Dear Mem

    My name Mr Kushal Kumar Tomar.I m doing MBA from IMT Ghazibad.I req to u Pls send your Notes my e-mail id

  25. harish iyengaar replied:

    hey thank u so so very much for this article!!!! I’ve been looking everywhere and this is perfect!!
    Thank u so much!
    Keep blogging 🙂 🙂

  26. ritusthoughtcatcher replied:

    Harish I’m glad that it could be use to someone other than my students too & thanks for leaving your kind remark !

  27. Rahul Choudhary replied:

    Hy miss. Law cast property hm general cast k transfer kese krwa skte h?

  28. 2010 in review « Ritu’s Weblog replied:

    […] Business Law Notes # 1–Procedure for forming a Company in India September 2008 27 comments 5 […]

  29. palak sharma replied:

    hi maam i am doing ll.m i want to business law notes . this is my topic 1.law of industrial and intellectual property 2.legal regulation of economic enterprises

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  32. Pankaj Palekar replied:

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