DATED : CHARTERED ACCOUNTANTS application for the incorporation of the company. The application is to be filed with the Registrar of Companies of the state within which they plan to establish the registered office of the company. The application for registration must be accompanied with certain documents about which we have already discussed in the previous sections. These may be briefly mentioned again: .
The Memorandum of Association duly stamped, signed and witnessed. In case of a public company, at least seven members must sign it. For a private statement in lieu of the prospectus is submitted, instead of Articles of Association. .
Written consent of the proposed directors to act as directors and an undertaking to purchase qualification shares. . The agreement, if any, with the proposed Managing Director, Manager or whole-time director. .
A copy of the Registrar’s letter approving the name of the company. . A statutory declaration affirming that all legal requirements for registration have been complied company however the signatures of two members are sufficient. The signatories must also give information about their address, occupation and the number of shares subscribed by them.
. The Articles of Association duly stamped and witnessed as in case of the Memorandum. However, as stated earlier, a public company may adopt Table A, which is a model set of Articles, given in the Companies Act. In that case a with.
This must be signed by an advocate of a High court or Supreme Court or a signatory to the Memorandum of Association or a Chartered Accountant or Company Secretary in whole time practice in India. . A notice about the exact address of the registered office may also be submitted along with these documents. However, if the same is not submitted at the time of incorporation, it can be submitted Preliminary Contracts During the promotion of the company, promoters enter into certain contracts with third parties on behalf of the company.
These are called preliminary contracts or pre-incorporation contracts. These are not legally binding on the company. A company after coming into existence may, if it so chooses,