2. Company is a voluntary
association or persons
formed for the purpose of
doing business &
perpetual succession.
3. the Companies Act, 1956 may be classified
on various grounds as under:
On the basis of membership pattern/size Companies
Private Public
4. Section 3(1) (iii) defines a private company as
one which
(a) has a minimum paid-up share capital of Rs.1 Lakh or such higher
capital as may be prescribed;
(b) by its Articles Association:
1. restricts the right of transfer of its share;
2. limits the number of its members to 50 which will not include:-
A. members who are employees of the company; and
B. members who are ex-employees of the company and were members
while in such employment and who have continued to be members
after ceasing to be employees;
3. prohibits any invitation to the public to subscribe for any shares or
debentures of the company; and
4. Prohibits any invitation or acceptance of deposits from persons other
than its members, directors or their relatives.
5. 1. Selection of type of the company.
2. Selection of name for the proposed company.
3. Apply for Directors Identification Number and Digital Signatures.
4. Drafting of Memorandum and Articles of Association.
Stamping, digitally signing and e-filing of various documents with
5.
the Registrar.
6. Payment of Fees.
7. Obtaining Certificate of Incorporation.
8. Preparation and filing of Prospectus/Statement in lieu of Prospectus
and e-Form 19/20 (in case of public companies) for obtaining the
certificate of commencement of business.
Obtaining Certificate of Commencement of business (in case of
9.
public limited companies).
6. 1. Selection of type of the company.
2. Selection of name for the proposed company.
3. Apply for Directors Identification Number and Digital Signatures.
4. Drafting of Memorandum and Articles of Association.
Stamping, digitally signing and e-filing of various documents with the
5.
Registrar.
6. Payment of Fees.
7. Obtaining Certificate of Incorporation.
8. Preparation and filing of Prospectus/Statement in lieu of Prospectus and
e-Form 19/20 (in case of public companies) for obtaining the certificate
of commencement of business.
Obtaining Certificate of Commencement of business (in case of public
9.
limited companies).
8. What is a Digital Signature Certificate (DSC)?
Digital Signature Certificates are electronic format of physical signatures.
DSC can be presented electronically to access information or services on
the Internet, to prove the identity or to sign certain documents digitally.
DSC requirement?
16th September 2006 all the documents required to be filed
with ROC have to be filed on portal of Ministry of Corporate
Affairs at www.mca.gov.in using Digital Signature Certificate.
9. Who issues the Digital Signature
Certificate?
A licensed Certifying Authority (CA) issues the digital
signature. Various certifying authorities licensed by MCA
include TCS, SIFY and MTNL etc.
Is Director Identification Number (DIN) a
pre-requisite to apply for DSC?
It is not necessary that person should first have DIN number
as a pre-requisite to apply for DSC. DSC can be obtained
without DIN. But both DSC and DIN are required for filing
any documents on portal of MCA.
10. What is the validity period of a Digital
Signature Certificate?
The Certifying Authorities are authorized to issue a Digital
Signature Certificate with validity or one or two years.
What is the legal status of a Digital
Signature?
Digital Signatures have legal validity and are admitted
in Court of Law for various purposes.
Notes de l'éditeur
Company is a voluntary association of persons formed for the purpose of doing business having a distinct name and limited liability. It is a juristic person having a separate legal entity distinct from the members who constitute it, capable of rights and duties of its own and endowed with the potential of perpetual succession. The Companies Act, 1956, states that 'company' includes company formed and registered under the Act or an existing company i.e. a company formed or registered under any of the previous company laws