To set up a Public Limited Company, one needs to: Choose a name Have a company address Appoint at least three directors Have at least seven shareholders Create an agreement containing details of all initial shareholders – known as Memorandum of Association Have the by- laws of the company - known as Article of Association Apply for DIN by filling DIR-3 File INC 29 to register the Public Limited Company with MCA Obtain Certificate of Incorporation from ROC File INC-22 for verification of Registered office address Choosing a Name The name of the company is its trade name or brand name along with its principal activities, and this company name is a registered name by which an incorporated company is identified.

Keeping a high check on the maintenance of the Company details with the Company House and the MCA/HMRC.

The partners are permitted to decide the way they want to run their company.

There can be a combination of Foreign Nationals or Foreign Companies holding 100% shares of the Indian Limited Liability Partnership. 1.

There is a preferred format in which the MCA wants you to name the company; Unique Name + Descriptive Object + Limited. e.g.

The article below entails some noteworthy points about setting up a FDI in Private Limited Company in India.

It is of 10 characters which are made up of numbers and digits; is distinctive for each card holder and made necessary for all Private limited Companies to acquire after registration with the Registrar of companies.

TAN stands for Tax Deduction Account Number, which comes into the scene when someone decides to start a business and hires employees.

This documen is important since it contains basic conditions for the operation of a company.

The companies which should have their own AOA are: Private companies limited by shares Companies limited by guarantee Companies with unlimited liabilities of its members Points to be taken care of while drafting an AOA Companies who are required to have registered articles may or may not adopt all the regulations mentioned in table A of the first schedule of the act and those who fail to do the same the provisions of the table will be applicable to them.

Once a Company is incorporated, it will be active and in existence as long as the annual compliances are met with regularly.

Being in want for a prompt, economical and Volant dispute resolution procedure which is aided by the developing technology of the country and various economic liberalization policies, lead to the changes in the arbitration act which has been now brought into force with the hope of making India a preferred seat of arbitration because of the dampening of the old resolution system for the small and medium scale businesses who are in a fight with the large companies, business or firms.

The company registration process in India goes through a number of steps and only then the company is provided with a registration certificate after which the company can commence its business operation in India.

Registered Company Office Rent Agreement (Notarised: For rented property) Property (Director / Relative) - Registry Proof / House Tax Receipts (Notarised) Latest Electricity Bill NOC from the owner on the name of any director (Notarised) Related Articles Requirements for Private Limited Company Requirements for One Person Company Requirements for Nidhi Limited Company Requirements for Limited Liability Partnership

Registered Company Office Rent Agreement (Notarised: For rented property) Property (Director / Relative) - Registry Proof / House Tax Receipts (Notarised) Latest Electricity Bill NOC from the owner on the name of any director (Notarised) Related Articles Requirements for Private Limited Company Requirements for One Person Company Requirements for Public Limited Company Requirements for Limited Liability Partnership

Minimum requirements for the OPC are as follows; 1 Director 1 Member Minimum share of paid-up capital Rs. 1 Lakh DIN(Director Identification Number allotment) Digital Signature Certificate(DSC) Documents Required The ID Proof of the applicant & the nominee Address Proof of the applicant & the nominee Passport Size Photograph Current Occupation if any Contact details of the applicant Educational Qualification of the applicant Memorandum of Association(MOA) Article of Association(AOA) E-forms with RoC(Registrar of Companies) Copy of PAN Card of member and nominee Consent of nominee in Form No.

To set-up a Limited Liability Partnership you need to register with the Companies House, this process is known as incorporation.

To formulate a Private Limited Company, A Chartered Accountant, Company Secretary or a Lawyer is required to do the filings for the formation of Private Limited Company.

Owning the Company: Since the company is a juristic person it is the only owner and no one can demand the ownership of the company.

No. of persons Involved: The second key factor for choosing the right type of company depends upon the number of persons involved in the initial stage of the startup. 3.

Before registering a company in India, the promoters should decide on the most flexible and viable business structure for them.

A Chit Fund Company runs Chit funds.

Let’s take a look at what section 72(companies’ act 2013) states.

  According to Companies Act 2013, the conditions set for issuing preference shares are as follows:- No company limited by shares shall, after the commencement of this act, issue any preference shares which are irredeemable.

Also registration of such companies which are not binding by the above law holds invalid.

DIN Number Registration Any person intending to register a Private Limited Company or Limited Company or One Person Company (OPC) in India needs to get a DIN number and becomes a part of Board of Directors.

Amendment of section 2 The expression "significant influence" means control of at least twenty per cent, of total voting power, or control of or participation in business decisions under an agreement The expression "joint venture" means a joint arrangement whereby the parties that have joint control of the arrangement have rights to the net assets of the arrangement Insertion of new section 3A If at any time the number of members of a company is reduced, in the case of a public company, below seven, in the case of a private company, below two, and the company carries on business for more than six months while the number of members is so reduced, every person who is a member of the company during the time that it so carries on business after those six months and is cognizant of the fact that it is carrying on business with less than seven members or two members, as the case may be, shall be severally liable for the payment of the whole debts of the company contracted during that time, and may be severally sued therefore.

What is Company Incorporation VPP scam?

Person disqualified for the appointment of Auditor A person or entities are disqualified from being appointed as the auditor of the company is as follows:- Body corporate other than (LLP) Limited Liability Partnership.

It is mandatory for every registered company to prepare and maintain proper book of accounts.

  GENERAL POWER OF ATTORNEY   I/We ___________________ having office at _______________ do hereby authorize __________, _________, Registered Trade Marks Agents/Advocates and/or their duly authorized persons at COMPANY NAME, COMPANY ADDRESS, to act as my/our agents for filing of new applications and necessary registrations of all my/our applications, conduct oppositions, to maintain registrations in force and to attend to all post-registration works connected with all my/our applications and registrations and we request that all notices, requisitions and communications relating thereto may be sent to such agents at the above address.

With many such cases not pointing any one case, in particular, shows the intention of the patent troll companies i.e. to mint quick money from software companies and covering other avenues slowly using cease and desist.

For example, if a company is selling laptops under the brand name of ‘Rell’, and only selling computer and software products using this trademark, which is covered under Class 9 of TM Classes.

It's a firm where the partners have limited liability to their contribution towards the LLP along with the benefits combined that of both company and partnership in one single form and the reason being, the deceitful format of the partnership firms.

Trademark rectification is a legal procedure through which a proprietor or a company can rectify a mistake or omission that might have been made while filing a trademark.

To avoid trademark infringement, the company needs to work on the following before carrying forward the process of trademark registration or usage in the market.

Just like a ‘Natural Person’ a corporation can work and sign contracts or even buy and sell property in its own name After the peripheral information comes the base information of what are the essentials that should be taken into consideration 1) Sweat Equity Also known as earned equity, it is used as bait by many startup companies.

Trademark can be opposed by any person or company that has a real or legitimate interest in the registration of the mark i.e the person opposing the mark should have a real or direct interest in the registration of the mark that is being opposed.

A trademark can be a single word, a short phrase, a design, a symbol or a combination of all of these which identifies or distinguishes the goods or services of a person, a company from those of its competitors.

Till a decade or two ago, no one used to evaluate the value of their intangible assets of the company.

Trademark is a proprietary right over the brand name that you use for representing your company or product in the market.

Business Name Companies use made-up words as the name for their brand.

These refer to any marks that are used to identify the products and services of a trading company or service-providing company.

Read More: How is Tax filing done in Private Limited Company?

Startups are the lifeblood of innovation; companies like FlipKart, OYO and PayTM have shown what can be achieved when one has a vision and the zeal to put their ideas out there in front of the world.

The audit is a fundamental feature of every Company whether it is a Private Limited Company, an LLP or a One Person Company.

In case of a Private Limited Company or Public Company , the Name should include "Private limited" or "Public limited" respectively as suffix.

Hence, a company form of organization enjoys legal capacity and can own property and also acquire debts.

It cannot acquire any other company by purchase of securities or control the configuration of the Board of Directors of any other company , it can only be done if the company has taken an approval of the Regional Director having jurisdiction over such a Nidhi Company.

How to Choose a Name of a Company?