company registration final

8/7/2019 Company Registration Final

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Definition of a Company

Objective of Company Act 1956

Company Registration Advantages of Registration

Disadvantages of Registration

Registration Process

Modes of Registration Registration, a birth certificate

Case Study

Conclusion


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CompanyGroup of individuals

formed for purposeNon-

Economic

Economic

An ArtificialPerson

Created ByLaw

Distinct NameLimited

Liability

Perpetual

Succession

Company

Pany = Bread

Com = Come


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Development of a Company

Protect the interest (Share Holders)

Safe guard the interest (Creditors) To equip the government with necessary powers

Attain Goal of economic policy


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Registered identity under the law that governsbusiness and commercial transactions.

Business + Companies Act of 1956

Both notify legal Existence of a new entity

Identity to child as individual and member of society.

Individual + Birth and Deaths Act, 1969


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Separate legal entity

Limited Liability of members

Perpetual succession Capacity to Sue and be Sued

Government Subsidiaries & Tax benefits

Joint Ventures

Mergers & Acquisition


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Increased Formalities and Expensive Formation

Loss of Privacy

Control By Few Unlimited Liability

Long Winding-Up Procedures

Not a Citizen


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Type of Company

Loc. Of Registered Office

Selection of Name

Ascertaining of Name

Approval of Name

DIN

Digital Certificate

CIN

Filing of MOA, AOA

& other document

Stamping, D.S & e-filing

Payment of Fees

Private Company

Cert. of

incorporation(ROC)

Registered BusinessCommencement

Public Company

Filing of prospectus

Cert. of Commencement

Registered BusinessCommencement

Start


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Offline: Regional Registrar of Companies Office.

Online: Submission to Ministry of Corporate Affairs(www.mca.in)

Commencement

of MCA

Certificate ofCommencement

FeePayment

Processing by regionalOffice & Delhi HQ

Internet

Filing

Digital

Signature

PDF of

scanned doc


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Name to a Face Family Relation

Religion


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Experience

Eligibility for an activity


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King is dead, long live his kingdom. A company is like River Thames, Though flooded or

dried, will always be called Thames

Meat Supplier Guild-ford Ltd., (1966) 1

WLR 1112 ReCommon Seal


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Process is simplified.


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Members cannot individually or jointly claimownership rights.

Rajendra Nath Dutta v Shibendra Nath Mukherjee Calcutta 1982, 52Comp. Cos 293(Cal)


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Development of Country


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Availing Loans,

Insurance, etc.


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Increases scope to international assignments.


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Petitioner

Subscribed to MOA &AOA, which does notmake him a person incharge of andresponsible to thecompany for conduct of

its business.

In the High Court of New Delhi Case no. 1182/2009V.P. Bajpai (Petitioner) Vs. SEBI (Respondent) Justice V.K.Jain

Respondentwas not only apromoter but also aDirector of theCompany.

Order of CourtPetitioner liable


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Thus Registration lets people dealing with thecompany be aware of the constitution & documents ofthat company.

A Birth certificate cannot stop a child from his right tolive but his career path may not be as smooth.

Similarly, a firm without registration can beestablished. However, difficulties will arise in growth &expansion of the firm in future.

Registered Unregistered


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Thank You

company registration final

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