Incorporating a Company

1Procedure for incorporation

1. Association of persons – There must be a proper association of persons who are desirous to form a company. The no. of persons must be at least 2 in case of a Private company and 7 in case of incorporation of a Public company. The object for which the company is proposed to be incorporated should not be unlawful, immoral or against the national integrity.
2. Availability of Name – An application in Form No.1A shall be made to the registrar for ascertaining the availability of the proposed name. Registrar shall be Registrar of Companies (ROC) in the State/Union Territory in which the company will maintain its Registered Office. This approval is provided subject to certain conditions: for instance, there should not be an existing company by the same name. Further, the last words in the name are required to be "Private Ltd." in the case of a private company and "Limited" in the case of a Public Company. The application should mention at least four suitable names of the proposed company, in order of preference.
The ROC generally informs the applicant within seven days from the date of submission of the application, whether or not any of the names applied for is available. Once a name is approved, it is valid for a period of six months, within which time Memorandum of Association and Articles of Association together with miscellaneous documents should be filed. If one is unable to do so, an application may be made for renewal of name by paying additional fees.

cont.. Documents to be filed with the Registrar

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