Company is a voluntary association of persons formed for the purpose of doing business having a distinct name and limited liability. It is a juristic person having a separate legal entity distinct from the members who constitute it, capable of rights and duties of its own and having perpetual succession.
Under the Indian Law, companies are incorporated and registered under the Companies Act, 1956, which is the principal statute governing the company registered in India. Broadly, there are two kinds of companies that can be incorporated in India viz.
- Private limited company Registration
- Public limited company Registration.
A company, whether private or public, is incorporated by registering the same with the Registrar of Companies (ROC) having jurisdiction. Typically, each state in India has a ROC and one would approach the ROC of the State in which the registered office of the company is proposed to be located. ROC issues a certificate called the ‘Certificate of Incorporation’ containing the date and the registration/incorporation number of the company registered. Such a certificate is a conclusive evidence of the company having been validly formed and registered in India.
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