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Incorporation of the Company
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Classification of Capital, meaning of promoters, incorporation of the company.

Ca Anubhav Jain
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  1. ompanies Act 2013 CA Foundation


  2. Promoters .Defined under section 2(69) who has been named as such in a prospectus or is identified by the company in the annual return referred to in section 92; .who has control over the affairs of the company, directly or indirectly whether as a shareholder, director or otherwise; in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act.


  3. Incorporation Filing of the documents and information with the registrar o the memorandum and articles of the company duly signed by all the subscribers to the memorandum. o a declaration by person who is engaged in the formation o the company o an affidavit from each of the subscribers to the memorandum and from persons named as the first directors, if any, in the articles


  4. Incorporation Issue of certificate of incorporation on registration Allotment of Corporate Identity Number (CIN): Maintenance of copies of all documents and information Furnishing of false or incorrect information or suppression of material fact at the time of incorporation (i.e. at the time of Incorporation): Order of the Tribunal Simplied Proforma for Incorporating Company Electronically (SPICe)


  5. Effect of Incorporation.. According to section 9, from the date of incorporation (mentionedin the certificate of incorporation), the subscribers to the memorandum and all other persons, who may from time to time become members oft company, shall be a body corporate by the name contained in t memorandum A company on registration acquires a separate existence and the law recognizes it as a legal person separate and distinct from its members [State Trading Corporation of India vs. Commercial Tax Officer


  6. Classification of Capital Nominal or authorized or registered capital capital as is authorized by the memorandum of a company to be the maximum amount of share capital of the company. 'Issued capital- capital as the company issues from time to time for subscription Subscribed capital capital which is for the time being subscribed by the members of a company. Called-up capital- It is the total amount called up on the shares issued. . Paid-up capital It is equal to called up capital less calls in arrears.