The name “RS and Co. Private Ltd” has been made available for registration by the ROC in Coimbatore. The registered company is envious of entering into an agreement with Mr.R. R the Managing Director of the company and his also be the filed company on its registration. Mr. R.S and Mr. B.K subscribers to the memorandum. The company is registered and as soon as the ROC in Coimbatore was straights them to sign the same agreement. The top important tips are listed below.
The company incorporation certificate was dated on 11th Nov 2012 issued by the ROC, Coimbatore with corporate identification number (CIN).
Documents for obtaining certificate of incorporation:
For getting the registration certificate the following documents are submitted to the registrar.
- Situation of registration office in e-Form INC-22
- Incorporation e-Form INC-7
- Particulars of Directors in e-Form DIR-12
- Memorandum and Articles of Association
Company not a citizen
The company though a simulated juristic person, it is not a citizen so as to charge the fundamental rights allowed to citizens by the constitution.
Corporate entity disregarded
The corporate entity of the company will be treated if it is used for tax non-payment.
Advantages of Registration
The advantage of that company registration was never dying. It has continuous succession and presence, so its members are change until it is terminated by conclusion.
Company a legal entity
The company registration date is specified in the incorporation certificate thus becomes a legal entity capable of utilizing all the purposes of a registered company.
Company as Indigent Person
The word person specified that not only natural persons but other juridical persons also. A public limited company which is also authorized to keep a suit as a legal person.
Subsidiary independently registered
Under section 2(e) holding company would not come within the scope. A miscellaneous act 1952 and Employees Provident Funds are independently registered as a company.
Availability of Names
There are two reasons when availability of name has to be decided from the ROC
- New Company Registration
- Change name of an existing company
The company should be choosing such name which is in agreements with the conditions of section 4 of the act 2013. The restrictions have offered a detailed point for what type of name, phrases, words, etc. will be compared terrible or their work may need few documents.
The company name should not be match or too closer to the name of an existing company is incorporated under this act.
Under rule 8(1) of incorporation rules 2014 provides a complete list of deciding whether their suggested name is similar with another.
A name shall be decided if it contains any word or words which are insolent to any section of the people. The name shall be compared repellent if it is similar or too closely matches with the name of limited liability partnership (LLP).
The name should include any expression or word which is suitable to provide the impression to the company is in any way matched with or owning the help of the government of both state and central or any corporation, local authority by the both governments.
Where the company name is created the importance has to be mentioned along with the local language if used the suggested name. Where the registration of trademark or tradename forms part of the name and it is specified as the case of strengthen.
The registered trademark name or trademark which is subject of an application for registration. But the approval of owner or applicant for trademark registration as the case may be, has been gained and produced by the promoters.
Where a company name like “Meena Industries Private Limited” a letter of no objections from the major company should be filed.
The suggested company registration name is not permitted for a term of five years if it is nearly matching the company name of limited liability partnership (LLP) dispersed.
Other details for applying name:
Major objects with the suggested company are to follow on its registration should be clearly specified.
The company name shall be decided unwanted if it is not in accordance with the major objects of the company as placed in the MOA. It is mentioned that all company names are not required necessarily suggestive of the objects of the company.
Also specified whether the suggested company will be “Private Limited Company” or “Public Company” the category of company say limited by shares “unlimited” or “guaranteed” company and the sub category of the company.
Further, the suggested name has five kinds of names in a list is also been given in the application form.
Avoid names with the words like “Bank, Nidhi, Mutual Fund. Asset management, etc.
The name containing word “Electoral Trust” may be assigned for registration of companies under the act 2013.
No objection certificate from the partners/sole proprietorship other associates wants to be attached. If the promoters are handling of any sole property or unregistered entity, partnership firm is applied for.
A company without copyright in any of the words using a section name if those words was created as a result of research.
Where a company try to get registered or is registered by a name is so near to another company, individual or firm as likely to fool or make ignorance.
The word “Hindustan” is kept secured for the public sector companies, but can be allowed to be used in the names of private sector companies in huge business.
Under the common law, the court has power to keep the company registration under a name is related to the existing company name.
Business hours of company
The business hours of the company on weekdays from 9 am to 5 pm and on Saturdays 9am to 5 pm.
Flexibility of business hours
The company board of directors may not only choose, but can also differ or amend any business hours are already prescribed by passing a board resolution. Such a decision should first avoid the previous board resolution choosing the timing and then pass the resolution differing the time of business hours.
Inspection of records
Fixation of business hours is required particularly with regard of inspection of certain company lists at their registration office by any company member under different parts.
Delegation of attorney to managing director
The company secretary is managed to take important action for registration of the power of attorney with the related registration authorities.
Power of Attorney
The common power of attorney improved a non-judicial stamp paper of the necessary value. It should be declared before the oath commissioner after execution.
- Effect of power of attorney
- Any deed signed by
Registration of Gratuity Trust
Under the section 179 of the act 2013 specify the registration of gratuity trust and their board resolution.
Service of documents on registrar of companies
- Mr. A the company director had abdicated from the company.
- Mr. B a new director had been assigned in his place.
- The company secretary had filed e-Form DIR-12 electronically with ROC, Coimbatore indicating the same changes.
- A notice has been received from the ROC, Coimbatore asking the company to explain why requisite form has not been filed with him.
- The certified copy of the above form on with a copy of the receipt evidencing the original filing of the form be delivered to the ROC, Coimbatore personally by the company secretary of the company.
Service of documents on member by company
- Mr. A is a resident of Chennai.
- The company registration office is located in Coimbatore
- It is hard to serve notice of the AGM personally Mr.A
- Mr. A has opposed enough sum of money for defraying the expenditure on sending the letter by registered A.D. post.
- The notice for 53rd Company AGM to be held on Thursday 12th May 2015 be sent to him by registered A.D. post.
Invitation for acceptance of deposits from its members
Companies rules 2014 specified by the central government has mentioned the term deposit.
Acceptance of deposits
A private limited company or public company may renew or accept installments whether secured or unsecured with the company.
Ceiling for acceptance or renewal of deposits
No company shall approve or renew any deposits from its members.
Every company inviting deposits shall enter into a contract for offering deposit insurance within 30 days before the issue of notice.
Register of Deposits
All company accepting deposits shall keep one or more register for deposits renewed or accepted in the way as specified in the rules at its registration office in Coimbatore.