How to form a Company under Indian Companies Act 2013. What are the types of companies? Section 3 Formation of Company

 

 

Section 3 Formation of Company Indian Companies Act 2013

As per Companies Act 2013 a Company in Indian can be formed for any lawful purpose as Public Company, Private Company or one Person Company. Provision in the Indian Companies Act 2013 regarding formation of Company is as under.
(1) A company may be formed for any lawful purpose by—
(a) seven or more persons, where the company to be formed is to be a public company;
(b) two or more persons, where the company to be formed is to be a private company; or
(c) one person, where the company to be formed is to be One Person Company that is to say, a private company,
by subscribing their names or his name to a memorandum and complying with the requirements of this Act in respect of registration:
Provided that the memorandum of One Person Company shall indicate the name of the other person, with his prior written consent in the prescribed form, who shall, in the event of the subscriber’s death or his incapacity to contract become the member of the company and the written consent of such person shall also be filed with the Registrar at the time of incorporation of the One Person Company along with its memorandum and articles:
Provided further that such other person may withdraw his consent in such manner as may be prescribed:
Provided also that the member of One Person Company may at any time change the name of such other person by giving notice in such manner as may be prescribed:
Provided also that it shall be the duty of the member of One Person Company to intimate the company the change, if any, in the name of the other person nominated by him by indicating in the memorandum or otherwise within such time and in such manner as may be prescribed, and the company shall intimate the Registrar any such change within such time and in such manner as may be prescribed:
Provided also that any such change in the name of the person shall not be deemed to be an alteration of the memorandum.
(2) A company formed under sub-section (1) may be either—
(a) a company limited by shares; or
(b) a company limited by guarantee; or
(c) an unlimited company.

 

Section 3 to 20 of Indian Companies Act 2013

How to form a Company under Indian Companies Act 2013. What are the types of companies? Section 3 Formation of Company

What is memorandum of Company? What are the requirement under section 4 of Indian Companies Act 2013 in case of Memorandum of a Company? How to prepare Memorandum of a Company

What is Articles of Association of Company? What are the requirement under section 5 of Indian Companies Act 2013 in case of Articles of a Company? How to prepare Articles of a Company?

What is Act to override Memorandum and Articles of Association of Company? What is the provisions under Section 6 of Indian Companies Act 2013?

How to Incorporate a Company under Section 7 of Indian Companies Act 2013? What are the requirements to form a Company? How to Incorporate a Company?

What is Charitable Companies? How to form a Charitable Company under Section 8 of Indian Companies Act 2013? What are the requirements to form a Charitable Company?

What is effect of Registration under Section 9 of Indian Companies Act, 2013? What is effect of memorandum? What is effect of Memorandum and Articles under Section 10 of Indian Companies Act 2013?

Commencement of Business, Section 11 of Indian Companies Act 2013

What are the provisions under Section 12 of Indian Companies Act 2013 regarding Registered office of a Company? What are the penalty provisions for violation of law?

How to alter Memorandum of a Company? Section 13 of Indian Companies Act 2013 regarding changes in the memorandum of  Company

How to alter Articles of a Company? Section 14 of Indian Companies Act 2013 regarding changes in the Articles of  Company

Alteration of Memorandum and Articles to be noted in every copy. Section 15 of Indian Companies Act 2013

How to Rectify the name of a Company? Section 16 of Indian Companies Act 2013

Is it necessary to give copy of Memorandum, Articles etc to members? Penalty in case of default. Section 17 of Indian Companies Act 2013

How to convert a Registered Company? Section 18 of Indian Companies Act 2013. Conversion of Companies already registered. Procedure and Documentation

Can subsidiary company hold shares of holding Company? Section 19 of Indian Companies Act 2013. Subsidiary Company not to hold shares of its holding Company

How to serve documents to a company or its officer? What are the accepted methods? Section 20 of Indian Companies Act 2013 Service of documents

 

 

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