Formation of a Company

Establishing a company in India involves adherence to the regulations outlined in The Companies Act of 2013. The most prevalent corporate structure is the limited company, with unlimited companies being relatively uncommon. The process involves registering the Memorandum of Association (MOA) and Articles of Association (AOA) with the State Registrar of Companies in the state where the primary office is situated.

Section 3 of the Companies Act, 2013 outlines the basic requirements of forming a company as follows:

  • Involvement of 7 or more people can form a Public company who subscribe their names to the memorandum and register the company for any lawful purpose.
  • 2 or more people can form a Private company.
  • One person can form a One-Person Company (OPC).

Forming a Company in India: A Comprehensive Guide

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What is a Company?

A Company is an artificial person that is created by law and has a separate legal entity, perpetual succession, common seal, and limited liability. It is a voluntary association of people who come together to contribute to the capital of the company to do business. In general, the capital of a company is divided into small parts known as shares, where the ownership is transferable subject to certain terms and conditions....

Formation of a Company

Establishing a company in India involves adherence to the regulations outlined in The Companies Act of 2013. The most prevalent corporate structure is the limited company, with unlimited companies being relatively uncommon. The process involves registering the Memorandum of Association (MOA) and Articles of Association (AOA) with the State Registrar of Companies in the state where the primary office is situated....

Incorporating a Company

1. Approval of Name...

Reporting Requirements

1. Annual Accounts:...

Certain Accounting Issues

1. Depreciation:...

Conclusion

The process of forming a company in India involves adherence to the Companies Act of 2013, with the most common corporate form being the limited company. Foreign companies engaging in activities in India need approval from the Reserve Bank of India and can open branch offices for various purposes. The incorporation process includes name approval, submission of the Memorandum of Association (MOA) and Articles of Association (AOA) and obtaining the Certificate of Incorporation....

Frequently Asked Questions (FAQs)

1. What is the primary corporate structure in India, and how is it established?...

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