INTRODUCTION TO INCORPORATION OF A COMPANY IN INDIA
- A Company comes into existence when a group of people comes together with a view of forming an association to exploit the business opportunities by bringing together human resources, financial resources and managerial resources.
- Company is a separate & distinct legal entity, which permits a group of people, as stakeholders, to apply to the government for an independent organization to be created, which can then focus on pursuing set objectives, and vested with legal rights such as to sue and be sued in its own name, own property, hire employees or loan and borrow money.
- As you move into the new house, first, there is a huge process of “getting used to” – which is anyway usual for any such shifting. But the biggest issue is – we get to realize several shortcomings that we did not realize until we shifted. This might include silly things such as an electric point that we missed, or a water outlet that is not working, and so on. In the case of the new house, all these are our own follies or those of the architect – so we go ahead and get them fixed. In the case of the new Act – the fixing process is the long trail of amending the law, and in the meantime, you have the 6-months-in-jail staring at you all the time!
A company may be formed for any lawful purpose by:
- Seven or more persons, where the company to be formed is to be a public company;
- Two or more persons, where the company to be formed is to be a private company; or
- One person, where the company to be formed is to be One Person Company, that is to say, a private company.
Minimum number of Directors required in a Company:
- In the case of a Public Company, the minimum number of directors shall be three.
- In the case of a Private Company, the minimum number of directors shall be two.
- In the case of One Person Company, the minimum number of directors shall be one.
- And for other types of companies, the minimum number of directors shall be required as may be prescribed by law
Incorporation these days are done through the below-mentioned form
- Form SPICE(INC-32),
- Form SPICE MOA(INC-33),
- Form SPICe AOA(INC-34)
- Form Agile Pro
- E Form INC-09
THROUGH INCORPORATION, J. K. GUPTA & ASSOCIATES WILL PROVIDE THE BELOW MENTIONED SERVICES:-
- DIN Application
- AOA & MOA Formation
- Director Appointment
- Reservation of Name
- Professional Certification
- Obtaining TAN/ PAN
- Obtaining GST Registration
- Obtaining ESIC Registration
Disclaimer: [This article has been prepared on the basis of information available to date. But professionals are advised to study the laws and compliance thoroughly before carrying out the incorporation process using the SPICE system].
We provide service for Registration, Incorporation and Formation of various companies ranging from Private, Public, Section 8 (Non-Profit Organization), and Wholly Owned Subsidiaries of Foreign Companies & LLP.