What You Must Know About Incorporate a Company in India
By Edwin Jerome
()
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.
Edwin Jerome
Post Graduate in Law. Advocate at Madras High Court, India
Related to What You Must Know About Incorporate a Company in India
Related ebooks
Shareholder Rights in India for Small Investors Rating: 0 out of 5 stars0 ratingsT R A N S F O R M A T I O N: THREE DECADES OF INDIA’S FINANCIAL AND BANKING SECTOR REFORMS (1991–2021) Rating: 0 out of 5 stars0 ratingsIndian Foreign Service-Charms and Challenges Rating: 0 out of 5 stars0 ratingsGST for the Layman: How It Impacts Your Daily Life Rating: 0 out of 5 stars0 ratingsTata's Leadership Experiment: The Story of the Tata Administrative Service Rating: 4 out of 5 stars4/5End Yoyo Dieting and Lose Weight For Good Rating: 3 out of 5 stars3/5The LIC Story: Making of India’s Best-known Brand Rating: 0 out of 5 stars0 ratingsUttar Pradesh: Modern Business Hub Rating: 0 out of 5 stars0 ratingsKranti Nation: India and the Fourth Industrial Revolution Rating: 0 out of 5 stars0 ratingsSuccess In the Food Social Enterprises Rating: 0 out of 5 stars0 ratingsThe Z Factor: My Journey as the Wrong Man at the Right Time Rating: 4 out of 5 stars4/5Roll Up Your Sleeves for GST Rating: 5 out of 5 stars5/5Working Together Alone: The Freedom and Beauty of Outsourcing Rating: 0 out of 5 stars0 ratingsEconomic Policy Reforms and the Indian Economy Rating: 5 out of 5 stars5/5GST: Explained for Common Man Rating: 1 out of 5 stars1/5Adani, Following Its Dirty Footsteps: A Personal Story Rating: 0 out of 5 stars0 ratingsExporting Services: A Developing Country Perspective Rating: 5 out of 5 stars5/5Azim Premji Rating: 0 out of 5 stars0 ratingsThe Jobs Crisis in India Rating: 0 out of 5 stars0 ratingsIndian Demographic Trends: 2030 and Beyond Rating: 0 out of 5 stars0 ratingsShaping India of Our Dreams Rating: 0 out of 5 stars0 ratingsA Treatise on Indian Transfer Pricing Regulations - Part II: A Treatise on Indian Transfer Pricing Regulations, #2 Rating: 0 out of 5 stars0 ratingsDo Your Own Company Administration Rating: 0 out of 5 stars0 ratingsMonopoly Regulation and Fair Trade Act Rating: 0 out of 5 stars0 ratingsTaxing Question Simple Answer Rating: 2 out of 5 stars2/5Corporate Governance - Implementation Guide Rating: 0 out of 5 stars0 ratings2020 Guide to Small Business Tax Planning Rating: 0 out of 5 stars0 ratingsSmall-Business Loan Request Guide Rating: 0 out of 5 stars0 ratingsLLC: A Complete Guide To Limited Liability Companies And Setting Up Your Own LLC Rating: 0 out of 5 stars0 ratings
Business & Financial Law For You
Business Law Rating: 4 out of 5 stars4/5Disloyal: A Memoir: The True Story of the Former Personal Attorney to President Donald J. Trump Rating: 4 out of 5 stars4/5A Study of the Federal Reserve and its Secrets Rating: 4 out of 5 stars4/5Insurance Ethics Training Rating: 5 out of 5 stars5/5The Law (in Plain English) for Nonprofit Organizations Rating: 0 out of 5 stars0 ratingsWin In Court Every Time Rating: 5 out of 5 stars5/5Legal Guide for Starting & Running a Small Business Rating: 4 out of 5 stars4/5The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives Rating: 5 out of 5 stars5/5Buffettology Rating: 4 out of 5 stars4/5The Copyright Guide: How You Can Protect and Profit from Copyright (Fourth Edition) Rating: 0 out of 5 stars0 ratingsThe SHRM Essential Guide to Employment Law, Second Edition: A Handbook for HR Professionals, Managers, Businesses, and Organizations Rating: 0 out of 5 stars0 ratingsIntroduction to Negotiable Instruments: As per Indian Laws Rating: 5 out of 5 stars5/5Business Law Made Simple: A Guide for Students Rating: 0 out of 5 stars0 ratingsLLC: LLC Quick start guide - A beginner's guide to Limited liability companies, and starting a business Rating: 5 out of 5 stars5/5Nolo's Quick LLC: All You Need to Know About Limited Liability Companies Rating: 5 out of 5 stars5/5Mergers and Acquisitions from A to Z Rating: 4 out of 5 stars4/5Contracts: Essential Law Self-Teaching Guide Rating: 0 out of 5 stars0 ratingsBusiness Organizations: Outlines and Case Summaries: Law School Survival Guides, #10 Rating: 0 out of 5 stars0 ratingsThe Ultimate Guide to US Financial Regulations: A Primer for Lawyers and Business Professionals Rating: 0 out of 5 stars0 ratingsEmployment Law (in Plain English) Rating: 0 out of 5 stars0 ratingsCalifornia Employment Law: An Employer's Guide: Revised and Updated for 2022 Rating: 0 out of 5 stars0 ratingsTikTok for Business Success: Strategies, Tips, and Real-World Case Studies for Business Success Using Tiktok Rating: 5 out of 5 stars5/5IRAs, 401(k)s & Other Retirement Plans: Strategies for Taking Your Money Out Rating: 4 out of 5 stars4/5Law of Leverage: The Key to Exponential Wealth Rating: 4 out of 5 stars4/5US Consumer Debt Relief: Industry, Overview, Laws & Regulations Rating: 0 out of 5 stars0 ratingsThe Writer's Legal Guide, Fourth Edition Rating: 5 out of 5 stars5/5Bookkeepers' Boot Camp: Get a Grip on Accounting Basics Rating: 5 out of 5 stars5/5Business Associations, Law Essentials: Governing Law for Law School and Bar Exam Prep Rating: 0 out of 5 stars0 ratings
Reviews for What You Must Know About Incorporate a Company in India
0 ratings0 reviews
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