What documents should I notarize or apostilled for the purpose of incorporation of a company in India? This is one common question asked by a person with citizenship or resident outside India.
Seemingly, ease of doing business become a childish target for the Government of India. There is a practical gap of only 60 days between the Companies (Incorporation) Amendment Rules, 2018 and the Companies (Incorporation) 2nd Amendment Rules, 2018. The hardship caused by the earlier amendment is not attempted to cure by this amendment. Once again, there is a half-hearted effort lacking full automation of name approval. We discuss Rule 9 of the Companies (Incorporation) Rules, 2014 amended twice in a single calendar quarter.
I receive a question on Quora which may interest readers of this Blog. The question is –
What is the procedure for inclusion of word ‘INDIA’ in the name of company?
My reply is as under –
Law related name of a company is governed with Section 4 of the Companies Act 2013 read with Rule 8. Under present law, there restriction related to inclusion of word “India” has been removed with effect from 1st April 2014.
A dream company comes into existence with a good planning and efforts. If character of a human start building with thinking of its parents; character of a company start building with thinking of its promoter.
I have nothing to say about all business decision like business objects, size of investment, geography of operations and members of its core management team. I will discuss some points with corporate law angle. However the object must be defined and lawful. It is good if, this is reduced in writing with help of an industry expert with a vetting by a Company Secretary.
UPDATE: on 30th August 2013: Companies Bill 2012 became the Companies Act, 2013 (Act 18 of 2013).
Section 7, 8 of Companies
Bill 2012 Act, 2013
In my last blog post “Formation of Company”, I discussed the formation of company and its foundation documents; Memorandum, Articles and proposed/changed Name. In This post we will discuss, Incorporation of Company including incorporation of non- profit company.
INCORPORATION OF COMPANY (SECTION 7):
All document related to incorporation shall be filed be filed before the registrar, in whose jurisdiction registered office of a company is proposed to be situated. A Registrar may have jurisdiction over several states or only a part of a state. Following documents are to be submitted:
Posted in Chapter II - CA2013, Companies Act 2013, Governance and Responsibility
Tagged Articles, Certificate of Incorporation, CIN, Companies Bill 2012, CorpLaw, Corporate Identity Number, Corporate Law, Effect of Registration, Incorporation, Incorporation & Registration, Incorporation of Company, Incorporation of Non – profit, India, Memorandum, Registered Office, Subscriber