Explain procedure of incorporation of the public company?
Minimum Requirement of a public company :
Minimum 7 shareholders Minimum 3 Director
(The directors are share holders can be same person)
Minimum Authorities share capital shall be Rs.....
Explain procedure of incorporation of the public company?
Procedure of Incorporation of a Public Company:
Incorporating a public company involves several steps and procedures to ensure legal compliance and establish the company as a separate legal entity. Here is a detailed explanation of the procedure:
1. Obtain Director Identification Number (DIN):
- The first step is to obtain a Director Identification Number (DIN) for all the proposed directors of the company.
- This can be done by filing an application with the Ministry of Corporate Affairs (MCA) along with the necessary documents.
2. Obtain Digital Signature Certificate (DSC):
- All the proposed directors must obtain a Digital Signature Certificate (DSC) from a licensed Certifying Authority.
- A DSC is required for digitally signing the electronic documents during the incorporation process.
3. Obtain Name Approval:
- The next step is to obtain name approval for the company from the Registrar of Companies (ROC).
- The proposed company name must be unique, not similar to any existing company or trademark, and comply with the naming guidelines provided by the MCA.
4. Drafting of Memorandum and Articles of Association (MOA & AOA):
- The MOA and AOA are the charter documents that define the objectives, rules, and regulations of the company.
- These documents must be drafted carefully and in accordance with the Companies Act, 2013.
- Once drafted, they need to be stamped, signed, and witnessed.
5. Filing of Incorporation Documents:
- The next step is to file the incorporation documents with the ROC.
- The documents include the MOA, AOA, and other necessary forms such as Form INC-7 (Declaration of Compliance) and Form INC-22 (Address proof of registered office).
- These documents must be filed online along with the prescribed fees.
6. Payment of Stamp Duty and Registration Fees:
- After filing the incorporation documents, the stamp duty and registration fees must be paid to the ROC.
- The fees vary based on the authorized share capital of the company.
7. Verification and Approval:
- Once the documents and fees are submitted, the ROC verifies the application and documents.
- If everything is in order, the ROC approves the application and issues a Certificate of Incorporation.
8. Obtaining Permanent Account Number (PAN) and Tax Deduction Account Number (TAN):
- After receiving the Certificate of Incorporation, the company must apply for a Permanent Account Number (PAN) and Tax Deduction Account Number (TAN) from the Income Tax Department.
9. Commencement of Business:
- Finally, the company can commence its business operations after obtaining the necessary registrations and licenses required for its specific industry.
By following these steps and completing the required documentation, a public company can be successfully incorporated while adhering to the legal procedures and regulations.