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Incorporation of a Company notes – CSEET

Incorporation of a Company notes – CSEET

Incorporation of a Company:

ICSI CSEET: The Council of the ICSI has released a notice regarding CSEET on the day of the inauguration of ICSI Golden Jubilee Celebrations on 4th Oct 2017.

The Gazette Notification on the Company Secretaries (Amendment) Regulations, 2020 has been published on 3rd February 2020 in the Official Gazette of India and the same shall be applicable from the said date of publication.

Now ICSI Published a notice regarding CSEET Test which going to start from 2020 May.

We are now going to discuss the details of CSEET Paper-2 Legal Aptitude and Logical Reasoning – Incorporation of a Company notes.

Incorporation of a Company

Incorporation of a Company

Incorporation of a Company:

  1. An application for registration of a company shall be filed, with the Registrar within whose jurisdiction the registered office of the company is proposed to be situated, in Form No.INC- 32 (SPICe) along with the fee as provided under the Companies (Registration offices and fees) Rules, 2014 and the following documents and information required to e attached with the application namely:

–      The memorandum and articles of the company duly signed by all the subscribers to the memorandum in;

–      Declaration in the prescribed form by an advocate, a chartered accountant, cost accountant or company secretary in practice, who is engaged in the formation of the company, and by a person named in the articles as a director, manager or secretary of the company, that all the requirements of the Act and the rules made thereunder in respect of registration and matters precedent or incidental thereto have been complied with;

–      Directors, if any, in the articles that he is not convicted of any offence in connection with the promotion, formation or management of any company, or that he has not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years and that all the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of his knowledge and belief;

–      Address for correspondence till its registered office is established;

–      Particulars of name, including surname or family name, residential address, nationality and such other particulars of every subscriber to the memorandum along with proof of identity;

–      Particulars of the persons mentioned in the articles as the first directors of the company, their names, including surnames or family names, the Director Identification Number, residential address, nationality and such other particulars including proof of identity; and

–      Particulars of the interests of the persons mentioned in the articles as the first directors of the company in other firms or bodies corporate along with their consent to act as directors of the company in such form and manner.

(2)   The Registrar on the basis of documents and information filed above shall register all the documents and information referred to in that sub-section in the register and issue a certificate of incorporation in to the effect that the proposed company is incorporated under the Act.

(3)   On and from the date mentioned in the certificate of incorporation issued, the Registrar shall allot to the company a corporate identity number, which shall be a distinct identity for the company and which shall also be included in the certificate.

(4)   The company shall maintain and preserve at its registered office copies of all documents and information as originally filed in point no. (1) above till its dissolution under the Act.

(5)   If any person furnishes any false or incorrect particulars of any information or suppresses any material information, of which he is aware in any of the documents filed with the Registrar in relation to the registration of a company, he shall be liable for action Punishment for Fraud under section 447.

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