by gourav ranjan mishra

2. 1. TYPE OF COMPANY
 The promoters are to decide on the type of the
company either it is to be a
 Public/private company
 Company limited by share/guarantee with or without
share capital/unlimited company

3. 2. STATE
 The state where the registered office of the company is
to be situated is to be decided by the promoter.
 The determination of state is necessary in ascertaining
the REGISTRAR OF COMPANY(RoC) with whom
papers for incorporation of company has to be filled

4. 3. NAME OF THE COMPANY
A suitable name is to be decided after considering -
 Requirement of Sec.13, i.e. name to end with the case of public
company and private Limited in case of private company having
liability.
 In the case of Sec. 25 Company, the above requirement are
dispensed with.
 Requirement of Sec. 20 i.e. name should not be undesirable or be
identical with or too nearly resemble the name of an existing
company.
 Name prohibited under the Emblems and Names (Prevention of
improper use) Act, 1950, should not be used.

5. 4. DRAFTING of MEMORANDUM &
ARTICLE OF ASSOCIATION
 Draft the Memorandum and articles of Association in
a form prescribed in Schedule1 to Company Act.

6. 5. STAMPING OF MEMORANDUM
& ARTICLE OF ASSOCIATION
 M&A is to be stamped in accordance with the stamp
laws prevalent in the State where the registered office
of the Company is to be situated.

7. 6. SIGNING OF MEMORANDUM &
ARTICLE OF ASSOCIATION
 The M&A has to be signed by each (7 in case of public
company or 2 in case of private company) and add
address, description and occupation if any.
 Company having share capital, each subscriber is to
take up atleast one share and state clearly the number
and nature of share taken up.
 The above signature is attested by a witness.

8. 7. POWER OF ATTORNEY
 In order to fulfill various formalities for registration
and making corrections, if any, in the MoA as
suggested by RoC, a power of attorney is given in
favour of one person by all subscribers on a non
judicial stamp paper of value prescribed in the
respective State Stamp Laws.

9. 8. DOCUMENTS TO BE FILLED AT
THE TIME OF INCORPORATION
 Memorandum of Association & Article of Association
 Form 1 duly signed
 Form 18 dully signed
 Original letter of name available from RoC
 Agreement if any, with the person to be appointed as
MD
 Power of Attorney
 Form 32 in duplicate
 Fees as per schedule 10

10. 9. CERTIFICATE OF INCORPORATION
 RoC after being satisfied about compliance of all the
above formalities shall retain and register M&A and
issue certificate of incorporation.
 The certificate of incorporation issued by the RoC is
conclusive evidence of all requirement of Act and rules
there under for formation of the Company.

11. 10. CERTIFICATE OF COMMENCEMENT
OF BUSINESS
 A private company and a company having no share
capital can commence business immediately on
receipt of certificate of incorporation.
 A company other than private company and a
company having share no share capital can commence
business after obtaining a certificate of
commencement of business.

12. THANK
YOU