Step 1: Name Search and Reservation (Section 30 of the Companies Act)
Check if the desired company name is available and reserve it. This reservation is valid for 30-60 days.
Step 2: Submission of Documents to the Registrar
If the proposed name is approved, submit the following documents to the registrar along with the required fees:
a) Memorandum of Association:
- This document defines the company and its activities.
- It needs to be signed by the founders, and at least one witness should attest their signatures.
b) Articles of Association (if any):
- These regulate the internal management, rights, and duties of shareholders.
- They cover matters like share transfers, meetings, voting rights, dividends, and directors' powers.
- Many companies adopt a standard set called Table A.
c) Statement with Directors and Secretary Information:
- Provide a statement with the names and addresses of the first directors and secretary.
d) Registered Office Address:
- Specify the intended address of the company’s registered office upon incorporation.
e) Statutory Declaration:
- Submit a statutory declaration, as required by Section 16(2) of the Companies Act.
- This declaration, made by a High Court advocate or a person named in the articles as a director or secretary, confirms compliance with legal requirements.
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