SIDBI INNOVATION AND INCUBATION CENTRE
 
INDIAN INSTITUTE OF TECHNOLOGY KANPUR

 

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FORM         

 
 

FORMATION OF COMPANIES AS PER COMPANIES ACT, 1956

 

1.   Select in order of preference a few suitable names, not less than four, ensuring that the name does not resemble the name of an existing Company.

2.   Apply to the jurisdictional Registrar of Companies to ascertain the availability of name in Form- 1A  along with fee of Rs. 500/-.  Registrar of Companies informs the status of the application within 14 days.  If the name proposed is not available, apply again for a fresh name.

3.   Arrange for drafting of the Memorandum and Articles of Association through a Consultant, vetting of the same by the Registrar of the Companies and printing of the same.

4.   Arrange for stamping of the Memorandum and Articles of Association as per Registrar of Companies instructions.

5.   Get the Memorandum and Articles of Association (MoA&AoA) signed by, at least 2 persons in case of Private Limited Company, at least 7 persons in case of Public Limited Company, each shall also write in his own hand his father’s name, occupation and address and number of shares subscribed for, and duly witnessed by at least one person who shall also write in his own hand his father’s name, occupation and address.  The MoA & AoA should be dated on a date after the date of stamping.

6.   The following forms are to be filled and signed:

(a)     Statutory declaration by Company  - Form No.1.

(b)      Notice of situation of Registered Office of the Company - Form No. 18.

(c)      Particulars of Directors, Manager or Secretary - Form No.32.

(d)      Consent to act as Directors - Form No. 29.

7.   File the following documents with the Registrar of Companies with necessary Registration and filing for:

(i)         Stamped and signed copy of Memorandum and Articles of Association.

(ii)        Form No. 1, 18, 32, and 29 in duplicate.

(v)        Certified true copy of the Registrar of Companies letter intimating availability of name.

(vi)       Power of attorney in favour of any person for making corrections on their behalf in the documents and papers filed for registration.

 8.   Obtain the certificates of incorporation from Registrar of Companies.

 9.   In case of Private Limited Companies, they can commence business immediately on receipt of the certificates of incorporation from the Registrar of Companies.

10.    In case of Public Limited Company following additional steps are to be completed.

11.    Arrange for payment of application and allotment money in cash by the Directors on the shares taken or agreed to be taken by them.

12.    File the statement in lieu of prospectus with the Registrar of Companies in accordance with Schedule IV of the Companies Act, 1956.

13.    File a declaration in Form No.20 with the Registrar of Companies to the effect that the application and allotment monies have been paid/will be paid in respect of shares taken up/agreed to be taken up by the Directors.

14.    Obtain the certificate of commencement of Business from the Registrar.

 
 

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