Incorporation:
A company comes into existence only when it is registered with the Registrar of Companies. For this purpose the promoter has to take the following steps: Steps for Incorporation
1. Application for incorporation:
Promoters make an application for the incorporation of the company to the Registrar of companies.
2. Filing of documents:
The following documents must be filed with the Registrar of Companies for incorporation.
- The Memorandum of Association duly stamped, signed and witnessed
- Articles of Association duly stamped, signed and witnessed
- Written consent of the proposed directors Agreement, if any, with proposed managing or whole time director
- A copy of the Registrar’s letter approving the name of the company. Statutory declaration
- A notice about the exact address of the registered office.
- Documentary evidence of payment of registration fees.
The Registrar verifies the entire document submitted. If he is satisfied then he enters the name of the company in his Register. After the registration, the Registrar issues a Certificate called Certificate of Incorporation. This is called the birth certificate of the company. With effect from November 1, 2000, the Registrar of Companies allots a CIN (Corporate Identity Number) to the Company.
Effect of the Certificate of Incorporation:
Certificate of Incorporation is the conclusive evidence of the legal existence of the company. A private company can commence its business after receiving Certificate of Incorporation. The certificate of incorporation is the birth certificate of the company.