Post on 24-May-2015
Company Incorporation:
The procedure for incorporation of a company appears confusing to most businesses. This has made way for
various corporate law firms to extend corporate legal services. They also look
after all the tasks linked with incorporation of a company. Also, they
give corporate advisory services to help the clienteles to make a decision as to which class of incorporation applies to the many different types of clienteles. Let us take a look at the many various
types of incorporations as that will assist clienteles make head and tail of
the operation of incorporation.
In plain words, incorporation means to change a clientele into a legal structure
that is accredited by law. After incorporation, a business becomes a distinguished corporate entity. Many
types of companies can get themselves incorporated to reap the benefits of
getting incorporated. Some of the types of the companies that get incorporated
are one person companies, private limited companies, limited liability
partnership, public limited companies, part IX companies, section 25
companies, and foreign companies. The process of incorporation for all of the listed companies is almost the same
except for a few inclusions and exclusions here and there.
Private Limited company:
Private company incorporation needs business to have at least two directors with a paid up capital of
at least one-lakh rupees. In a private limited company, the capital is raised mainly by private
shares or personal deposits. For incorporation of a company as per company law, the petitioner first
needs to submit a minimum of one to six names for the proposed company. The availability of the
nominated names should be checked online and submitted with an application to Registrar of Companies (RoC) in order for the name of the
company to be approved and registered. Assistance is often rendered by the corporate law
firms with the availability of name and also suggestion with regard to the right appropriate
kinds of names that suit the company profile. The next step after registration is for the petitioner to seek for Director Identification Number (DIN). DIN
is allotted to each of the company's directors. Digital signatures applications are also made for
the directors of the company. Other forms such as form 1, form 18 and form 32, are needed to be filed by the petitioner. The certificate of incorporation is issued by the RoC after everything is found in order
and everything gets through.
Public Limited Company:
Shares and public deports are the main source of capital of a public limited company. Public limited
company incorporation requires the business to have a at least three
directors, seven subscribers, and five-lakh rupees minimum paid-up capital.
Incorporation of a public limited company procedure stands the same as it is for a private company with the exception of additional forms such as form 29 and form 20 to be submitted
with the Statement in Lieu of Prospectus. Businesses seek
corporate legal services to avoid mix-up with mandatory and minimum
requirements for company incorporation.
One-Person Company:
There has been a new addition to the Companies Act of 2013, which is the
One-Person Company. This allows the shareholders to get their businesses
incorporated. In One-Person Company, one shareholder is eligible to be the company's director. For a
One-Person company, there are up to fifteen directors allowed. The benefits
of a private limited company are applicable to a One-Person Company.
A minimum paid up capital of one-lakh is needed for the incorporation
of One-person company. The procedure needed by the One-Person Company incorporation just like the
private limited company.
Limited Liability Partnership:
In a limited liability partnership, the name registration is done by submitting form 1 and then the
applicant needs to submit form 2 for incorporation of company. In form 2, the things declared are
partner details and their authorization to act as partners. LLP agreement is made after this under Section 23 of the LLP Act.
Within 30 days, following company incorporation, this has to be filed
through eForm 3 with the registrar.
Part IX Company:
Seven or more members comprise this company and this has been registered under the Companies
Act, 1956, Part IX. Joint stock companies are included in the Part IX companies. In these companies, capital is divided into shares by the
permanent paid up capital. Even here, the same procedure of
private company incorporation is implemented for part IX company, but this include a few additional forms such as form 37 and 39.
Section 25 Company:
Any company listed as a section 25 company is a non-profit
organization. This company advances into things such as
science, arts, charity, etc. In a section 25 company, income is not
distributed among the company members. An eligible non-profit
business has to file form 1A for its name reservation and approval
followed by application for DIN and digital signature certificate DSC,
for incorporation of company. Also, form 24A, 1, 18, and 32 are needed
to be submitted.
Foreign Company:
Submission of form 44 with the digital signature of an
authorized representative is mandatory, if any foreign
company aims to establish its business in India and wants to get itself incorporated. Also,
DSC is a mandatory requirement.
For more info visit http://www.accuprosys.com
Businesses can also get themselves registered under sole
proprietorship, in addition to the companies listed above.
Registration is not needed for, starting up a sole proprietorship
company, but things such as licenses, import export code, etc. are needed and have to be taken
care of.Corporate legal Services
The Ministry of Corporate Affairs website is where all the forms can be obtained from. Also, a step-by-
step procedure is given in the website which describes the
incorporation of the company. All the forms and documents can be
submitted online through the website. It is suggested to get corporate advisory services for
incorporation of a company to get the proposed business
incorporated without any kind of major hurdles.
Accuprosys is one of the best corporate legal service companies in India. The company, based in
Hyderabad, has a good reputation and is going strong since its
establishment.