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Consult Top Corporate and Incorporation Expert Lawyer in India

ROBERT D ROZARIO

Advocate High Court
Exp
Kolkata , West Bengal

Specialization

  • Civil
  • Financial Markets And Services
  • Intellectual Property, Copyright, Patent, Trademark
  • Landlord And Tenant
  • Corporate And Incorporation
Corporate & commercial attorney specialized in Intellectual Property law, M&A Analyst, Finance and Financial Valuation Analyst, etc. View Full Profile
Total Answers Given : 768
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Shivaleela Gujare

lawyer
Exp
Pune , Maharashtra

Specialization

  • Corporate and Incorporation
  • Cheque Bounce
  • Banking
  • Adoption
  • Civil
Total Answers Given : 2
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SRINIVASA. N

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Cheque Bounce
  • Civil
  • Arbitration And Mediation
  • Banking
  • Corporate And Incorporation
Handling both Civil and Criminal Matters at various Courts at Bengaluru View Full Profile

Sivasubramanian Baghiratha Gurukkal

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Divorce
  • Criminal
  • Cheque Bounce
  • Child Custody
  • Corporate And Incorporation
Mr. Siva's practice is focused on civil law, criminal law and family law. He represents all types of clients to develop, negotiate, assert and defend their individual interests through innovative, practical and effective legal solutions. View Full Profile
Total Answers Given : 2
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Dr Vedula Gopinath

senior lawyer and arbitrator
Exp
Visakhapatnam , Andhra Pradesh

Specialization

  • Civil
  • Arbitration and Mediation
  • Media, Communication, Entertainment
  • Privacy
  • Corporate And Incorporation
Senior Lawyer View Full Profile
Total Answers Given : 6
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NITIN CHOPRA

Practicing Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Corporate and Incorporation
  • Tax
  • Tax-Sales Tax
  • Tax-Service Tax
  • Tax-Property Tax
Advocate & Legal Consultant practicing in the Allahabad High Court, Central Administrative Tribunal. National Company Law Tribunal, CESTAT and Debt Recovery Tribunal. View Full Profile

Shweta Prabhu Singh

Advocate
Exp
Patna , Bihar

Specialization

  • Family
  • Child Custody
  • Administrative Law
  • Adoption
  • Corporate And Incorporation
My services are of High quality, cost effective and expeditious.I provide all types of offshore legal solutions ranging from high-end to low-end including the following: Legal Research Drafting, review and contract management Litigation Support Case management Family Law Civil Law etc. View Full Profile

Johnson Thangiah

Advocate / Trial Advocate
Exp
Tirunelveli , Tamil Nadu

Specialization

  • Civil
  • Cheque Bounce
  • Consumer Protection
  • Child Custody
  • Corporate And Incorporation
Actively practicing before the District sessions courts of Tirunelveli and Tuticorin of Tamilnadu state India past more than 17 years.Also appearing before the Madras High Court Madurai Bench.Mainly concentrating on "TRIAL" works.( "Expert in Economic Offences") Mobile 9443194559 View Full Profile
Total Answers Given : 274
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Mayank Agarwal

Lawyer
Exp
Mumbai City , Maharashtra

Specialization

  • Commercial
  • Property
  • Power Of Attorney
  • Tax-Property Tax
  • Corporate And Incorporation
I am a Mayank Agarwal. I am a Lawyer at Take Our Opinion. Take Our Opinion offers legal help and advice online for almost any legal matters. We also provide commercial and personal advice. Contact us for legal consultation at 022 22066649 OR +91- 9555763955. Visit us at http://takeouropinion.com View Full Profile
Total Answers Given : 6
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Rahul Tyagi

Advocate
Exp
Gurgaon , Haryana

Specialization

  • Corporate and Incorporation
  • Documentation
  • Consumer Protection
  • Debt Collection
  • Intellectual Property, Copyright, Patent, Trademark
Corporate Law, Real State Law, Consumer protection Act, RWA , Matrimonial Law, NI Act-138 View Full Profile
Total Answers Given : 3
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  • What is the definition of corporate law?
  • Is a corporation incorporated?
  • What does it mean for a company to be incorporated?
  • What are governing rules in India on corporate law?

As per Black’s Law Dictionary, an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, but ordinarily consisting of an association of numerous individuals, who subsist as a body politic under a special denomination, which is regarded In law as having a personality and existence distinct from that of its several members, and which is, by the same authority, vested with the capacity of continuous succession, irrespective of changes in its membership, either in perpetuity or for a limited term of years, and of acting as a unit or single individual in matters relating to the common purpose of the association, within the scope of the powers and authorities conferred upon such bodies by law.

As per Black’s Law Dictionary, a Company refers to, A society or association of persons, in considerable number, interested in a common object, and uniting themselves for the prosecution of some commercial or industrial undertaking, or other legitimate business. The proper signification of the word "company," when applied to persons engaged in trade, denotes those united for the same purpose or in a joint concern. It is so commonly used in this sense, or as indicating a partnership, that few persons accustomed to purchase goods at shops, where they are sold by retail, would misapprehend that such was its meaning. Joint stock companies. Joint stock companies are those having a joint stock or capital, which is divided into numerous transferable shares, or consists of transferable stock. The term is not identical with "partnership," although every unincorporated society is, in its legal relations, a partnership. In common use a distinction is made, the name "partnership" being reserved for business associations of a limited number of persons (usually not more than four or five) trading under a name composed of their individual names set out in succession; while "company" is appropriated as the designation of a society comprising a larger number of persons, with greater capital, and engaged in more extensive enterprises, and trading under a title not disclosing the names of the individuals.

Steps to be taken to get a new company incorporated


  • Select, in order of preference, at least one suitable name upto a maximum of six names, indicative of the main objects of the company.
  • Ensure that the name does not resemble the name of any other already registered company and also does not violate the provisions of emblems and names (Prevention of Improper Use Act, 1950) by availing the services of checking name availability on the portal.
  • Apply to the concerned RoC to ascertain the availability of name in eForm1 A by logging in to the portal. A fee of Rs. 500/- has to be paid alongside and the digital signature of the applicant proposing the company has to be attached in the form. If proposed name is not available, the user has apply for a fresh name on the same application.
  • After the name approval the applicant can apply for registration of the new company by filing the required forms (that is Form 1, 18 and 32) within 60 days of name approval
  • Arrange for the drafting of the memorandum and articles of association by the solicitors, vetting of the same by RoC and printing of the same.
  • Arrange for stamping of the memorandum and articles with the appropriate stamp duty.
  • Get the Memorandum and the Articles signed by at least two subscribers in his/her own hand, his/her father's name, occupation, address and the number of shares subscribed for and witnessed by at least one person.
  • Ensure that the Memorandum and Article is dated on a date after the date of stamping.
  • Login to the portal and fill the following forms and attach the mandatory documents listed in the eForm

    Declaration of compliance - Form-1

    Notice of situation of registered office of the company - Form-18.

    Particulars of the Director's, Manager or Secretary - Form-32.

    Submit the following eForms after attaching the digital signature, pay the requisite filing and registration fees and send the physical copy of Memorandum and Article of Association to the RoC
  • After processing of the Form is complete and Corporate Identity is generated obtain Certificate of Incorporation from RoC.

Additional steps to be taken for formation of a Public Limited Company:

To obtain Commencement of Business Certificate after incorporation of the company the public company has to make following compliance

  • File a declaration in eForm 20 and attach the statement in lieu of the prospectus(schedule III) OR
  • File a declaration in eForm 19 and attach the prospectus (Schedule II) to it.
  • Obtain the Certificate of Commencement of Business.

Additional steps to be taken for registration of a Part IX Company:

The Part IX Company is required to file eForm 37 and eForm 39 apart from filing eForm 1, 18 and 32. The company is required to file eForm 1 first and then the company can file all the other eForms (18, 32, 37 and 39) simultaneously or separately

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