Incorporating company in India

08 January 2013

Updated Jan 2015

In India, company can be incorporated either as a Private Limited or Public Limited. The incorporation procedure all over India is same. First one has to get the name approval of the proposed company from Registrar of Companies (ROC) under Ministry of Corporate affairs (MCA). After name approval, along with the application for incorporation, the Memorandum and Articles of Association in addition to other necessary prescribed documents has to be submitted with the ROC. The Memorandum of Association stipulates the constitution and objects of the company.

The Articles of Association contains the rules and regulations of the company for the management of its affairs. After examining the documents the ROC issues a Certificate of Incorporation. Thereafter a private company becomes entitled to commence its business and a public company after obtaining the certificate of commencement of business from ROC.

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