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Question
Discuss the stages of the formation of a company.
Solution
The following are stages of formation of a company:
a. Promotion of the company: The stage of promotion refers to the process of discovering the idea of the formation of a company and developing it into a concrete form. The stage starts when an individual or a group of individuals discovers an idea for a business that has the potential to be converted into a successful business opportunity.
b. Incorporation of the company as a separate legal entity: The stage of incorporation consists of applying for and obtaining the certificate of incorporation after which the company becomes a valid entity in the eyes of the law.
c. Subscription of capital in the form of shares and debentures: The stage of capital subscription involves raising capital from the public through the subscription of shares.
d. Commencement of business after the completion of the formalities mentioned above: This stage consists of the completion of the formalities and commencement of business by the company.
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| Group ‘A’ | Group ‘B’ |
| a) Minimum 7 members | 1. Persons who conceive the idea of setting up a company |
| b) DIN | 2. Public company |
| c) Preliminary contracts | 3. Promoters |
| d) Fiduciary duties towards the company | 4. Eight Digit alphanumeric number |
| e) CIN | 5. Private company |
| 6. Unique number assigned to each Director | |
| 7. ROC | |
| 8. 21 digit alphanumeric code number | |
| 9. One Person Company | |
| 10. Contracts entered by Promoters with third parties |
Write a word or a term or a phrase which can substitute the following statement.
Term which refers to contracts entered into by Promoters with third parties on behalf of the proposed company;
State whether the following statement is True or False.
A company is an artificial person.
State whether the following statement is True or False.
Promoters are persons who take the necessary steps to set up a company.
State whether the following statement is True or False.
In India, companies have to be incorporated as per the provisions of Companies Act, 2013.
State whether the following statement is True or False.
A company can be registered even without submitting Memorandum of Association and Articles of Association.
State whether the following statement is True or False.
ROC issues CIN only to certain companies.
State whether the following statement is True or False.
All companies need Certificate of Commencement of business.
Complete the sentence.
The document issued by the Registrar of companies when a company is incorporated is called as _______.
Complete the sentence.
On behalf of a proposed company, preliminary contracts with third parties are entered by _______.
Study the following case/situation and express your opinion.
Mr. Ram, Mr. Sam, and Mr. Tom who are partners have come together to convert their business into a company. They have finalized all the details about the business they want to do, capital needed, etc. However, they do not know how to proceed with the legal formalities. Hence they appoint Mr. Shah who is a Practicing Company Secretary to help them prepare documents needed for incorporating the proposed company.
- Can Mr. Ram, Mr. Sam, and Mr. Tom convert their partnership firm into a company?
- Name 2 most important documents needed to incorporate a company.
- Will Mr. Shah be considered as a Promoter of the Company? Why?
Study the following case/situation and express your opinion.
Mr. Talong with his 5 friends have submitted all the necessary documents for incorporation of TRIM private limited company.
a) How many minimum promoters are needed to incorporate a private company?
b) When can TRIM Private limited company be said to have come into existence.
c) Name the two most important documents that must be submitted at the time of the Incorporation of a company.
