A new company registration under the style and name of “RS LIMITED” as confirmed by the ROC, Bangalore (Karnataka) be set up by the company jointly with RST at Bangalore for the manufacture of paper cups.
The draft of the promoter’s agreement and the memorandum and AOA as placed before the meeting are meeting are assigned. The managing director of the company be and is hereby allowed to complete all formalities regarding company registration and make the promoters agreement on behalf of the company.
The following company officers are managed on lieu of the company to occur their names to the MOA of the proposed company:
- Shri RS Managing Director
- Shri OPM General Manager
Application for availability of name
File an application electronically in e-Form INC-1 with the registered state in ROC of the suggested company is to be registered on with Rs.1000 as application fee setting out there in the following particulars:
Major object whether the suggested company is to oppose on its registration.
Also mention whether the suggested company will be a “Private” or “Public” company.
In any case, the suggested name five alternative names in order of preference are also shall be given in the application form.
The place where the company registration office is situated.
New Company Registration
Section 7 and 203 of the act 2013 specifies company registration and their board resolution.
The name” ABC” and Co. Private Ltd” has been made available for registration by the ROC, Bangalore.
The suggested company is envious of entering into an agreement with Mr. RST Managing Director of the company and he is the managing director of the suggested company on its registration.
A whole-time practice secretary is hereby instructed to file the MOA and articles of the company as also the agreement which the company recommended to enter into with Mr. RST is the company managing director.
Mr. P.R and Mr. K.B subscribers to the Memorandum be and are hereby managed to sign the same agreement as soon as the company is registered and as soon as the ROC, Bangalore.
Incorporation of a company
For getting the incorporation certificate the below documents are to be submitted to the registrar:
Resolved that pursuant to conditions of section 17 and any other relevant provisions of the companies act 2013.
- Memorandum of Association (MOA)
- Articles of Association (AOA)
- Resolution and Agreement mentioned to in section 117 of the act 2013.
Only a member entitled to documents
A person who is not a company member is not authorized to these documents.
Documents to be supplied within seven days of requisition
The section needs that every agreement and every statements mentioned in section 117 of the act 2013. It should be embodied in the memorandum or AOA.
If a company makes a default in following with the needs of this section. The company and the officers are punishable with a fine of Rs.1000.
Alteration of Memorandum or Articles to be noted in every day
Resolved that consistent of provisions of section 15 and any other applicable conditions of the companies act 2013. The changes are made in the memorandum and AOA of the company for which special resolutions have already been registered with ROC.
Memorandum a public document
All changes in the MOA of the company must be registered in the memorandum filed with the ROC.
Any company which provides any copies of memorandum or AOA of the company without the changes made therein. There may be a penalty of Rs.1000 for company and all officers.
Subscribers to MOA
The below persons who had subscribed to the MOA of the company have accepted to take the company shares and their capitals .
Contributor to Memorandum
The persons who approved to the Memorandum shall be considered to have resolved to may company members and its registration their names shall be registered as company members.
Necessary introduction in the register of members
Make essential filing in the company register members within 7 days after the board of directors allots the assigning shares.
Subscribers to pay share money for shares agreed to be subscribed
Write letters to the subscribers asking them to pay the share money payable by them for the number of shares confirmed to be subscribed by them.
No allotment or application required for subscribers
In the case of the subscriber, no application or allotment is needed to become a member by virtue of his confirming to the memorandum may becomes a member.
Entry in register not necessary
If a contributor, introduction in the company register members are not important to continue him a member.
Allotment of shares to subscribers to the MOA
The company has received payment in full in respect of equity by shares taken by the subscribers to the MOA.
Subscribers of memorandum considered to be directors
According to section 152 of the companies act 2013, subject to any rules in the articles of a company, subscribers to the memorandum are considered to be the companies first directors. Until the directors are properly appointed at a general meeting is consistent to section 152 of the act 2013.
Payment of amount to subscribers in respect of shares taken
The signatories to the MOA of a company whether they become considered as directors or not. They must pay the total amount in respect of equity shares agreed to be taken by them on such payments.
Filing of return of part of shares
The companies act 2013 under section 39, although gives that any part of shares are prepared by a company owning a share capital should be filed with the ROC within 30 days of such parts.
Trade union as member
A trade union registered with the Trade Union Act and it can be registered as a member and hold shares in its own name in a company. It can also enforce its rights as a member.
Holder of shares whether member
The words “holder of shares” “member” “shareholder” are synonyms are interchangeably used.