For
registration of a company following documents are to be filed to the registrar.
i)
A copy of the Memorandum of Association
ii)
A copy of the Articles of Association
iii)
A-list of persons who have agreed to become director of the company with their
names, addresses, age and occupations. In case a separate list of directors is
not filed, signatories to the Memorandum of Association will be deemed to be
the directors.
iv)
Written consent of the directors to act in that capacity, duly signed by each
director, along with a written undertaking to take the prescribed qualification
shares, if any. A company without share capital and a private company need not
file this document.
v)
A statutory declaration stating that all the legal requirements with respect to
incorporation have been duly complied with, This declaration should be signed
by an Advocate of a High Court or of the Supreme Court, or by a practicing
chartered accountant or by a person named as director, manager, or secretary of
the company.
vi)
Notice of the registered office of the company. However, this notice may be
filed within 30 days of incorporation.
Memorandum
of Association: It is the most important document of a
company as it lays down the constitution of the company and states the
relationship of the company with the outside world. It is a public document and
each person who deals with the company is supposed to know the provisions contained
in the memorandum. The purpose of memorandum is to enable the shareholder,
creditors and those who deal with the company to know what is its permitted
range of activities. Although the company is a legal 'person' its capacity to
do business, unlike that of a real person, is restricted. If a company is
engaged in any trade or business which is outside the provisions of the
Memorandum of Association, such acts are regarded ultra vires of the
company and therefore, void and inoperative.
