Articles of Incorporation (Real Estate) is a crucial document required when establishing a real estate company in India. It must be filed with the Registrar of Companies and serves as the company's constitutional document, defining its purpose, structure, and operational parameters. The document is essential for companies planning to engage in real estate development, property management, or real estate investment activities. It needs to comply with multiple regulatory frameworks including the Companies Act, 2013, RERA, and state-specific real estate laws. The Articles of Incorporation must include specific provisions related to real estate operations, property development, and management, while also addressing standard corporate governance requirements. This document is particularly important as it forms the basis for all future corporate actions and helps ensure compliance with both corporate and real estate regulatory requirements in India.
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1. Name Clause: Specifies the proposed name of the company as approved by the Registrar of Companies
2. Registered Office Clause: States the state where the registered office of the company will be situated
3. Objects Clause: Details the main objects, ancillary objects, and other objects related to real estate business activities
4. Liability Clause: Declares the liability of members as limited by shares
5. Capital Clause: States the authorized share capital of the company with types of shares and their nominal values
6. Association Clause: Declaration of association by the subscribers to form the company
7. Governance Structure: Outlines the basic framework for company management and board of directors
8. Share Capital and Variation: Detailed provisions regarding share capital, share certificates, and transfer procedures
9. Board of Directors: Provisions regarding appointment, removal, powers, and duties of directors
10. General Meetings: Rules and procedures for conducting shareholders' meetings
11. Dividends and Reserves: Provisions for declaration and payment of dividends
1. Real Estate Project Management: Specific provisions for managing real estate projects - include when company plans to develop properties
2. Foreign Investment Provisions: Special provisions regarding foreign investment - include when expecting foreign shareholders
3. Joint Venture Operations: Framework for joint venture projects - include when planning collaborative developments
4. RERA Compliance: Specific provisions for RERA compliance - include for companies planning residential real estate development
5. Environmental Compliance: Special provisions for environmental protection - include for large-scale development projects
6. Branch Offices: Provisions for establishing and managing branch offices - include for multi-city operations
1. Schedule I - Subscriber Information: Details of initial subscribers including their shareholding and contact information
2. Schedule II - Initial Directors: Information about first directors of the company including their DIN and contact details
3. Schedule III - Property Assets: List of initial property assets or land banks, if any, being transferred to the company
4. Schedule IV - Compliance Checklist: Detailed checklist of regulatory compliances specific to real estate operations
5. Appendix A - Forms and Procedures: Standard forms for share transfers, board resolutions, and other routine matters
6. Appendix B - Corporate Governance Guidelines: Detailed guidelines for corporate governance and decision-making processes
Relevant legal definitions
Act
Articles
Authorized Share Capital
Board of Directors
Company
Director
Financial Year
General Meeting
Memorandum
Office
Ordinary Resolution
Paid-up Share Capital
Property
Real Estate Project
Register of Members
Registered Office
Registrar
RERA
Seal
Secretary
Securities
Share
Shareholder
Special Resolution
Stamp Duty
Subscriber
Transfer
Development Rights
Floor Space Index
Land Bank
Project Assets
Regulatory Approvals
Title Documents
Carpet Area
Built-up Area
Common Areas
Construction Phase
Development Agreement
Environmental Clearance
Joint Development
Land Use Rights
Occupancy Certificate
Planning Permission
Real Estate Asset
Title Deed
Zoning Laws
Articles
Authorized Share Capital
Board of Directors
Company
Director
Financial Year
General Meeting
Memorandum
Office
Ordinary Resolution
Paid-up Share Capital
Property
Real Estate Project
Register of Members
Registered Office
Registrar
RERA
Seal
Secretary
Securities
Share
Shareholder
Special Resolution
Stamp Duty
Subscriber
Transfer
Development Rights
Floor Space Index
Land Bank
Project Assets
Regulatory Approvals
Title Documents
Carpet Area
Built-up Area
Common Areas
Construction Phase
Development Agreement
Environmental Clearance
Joint Development
Land Use Rights
Occupancy Certificate
Planning Permission
Real Estate Asset
Title Deed
Zoning Laws
Clauses
Name and Incorporation
Registered Office
Objects of Company
Share Capital and Variation
Share Certificates
Share Transfer and Transmission
Lien on Shares
Calls on Shares
Forfeiture of Shares
Alteration of Capital
Capitalization of Profits
Board of Directors
Powers of Board
Proceedings of Board
Chief Executive Officer
Company Secretary
General Meetings
Voting Rights
Proxies
Directors' Interests
Dividends and Reserves
Accounts and Audit
Common Seal
Winding Up
Indemnity
Real Estate Operations
Property Management
Development Rights
Project Execution
Environmental Compliance
RERA Compliance
Land Acquisition
Property Disposal
Joint Development
Construction Management
Asset Management
Regulatory Compliance
Foreign Investment
Borrowing Powers
Securities Issuance
Registered Office
Objects of Company
Share Capital and Variation
Share Certificates
Share Transfer and Transmission
Lien on Shares
Calls on Shares
Forfeiture of Shares
Alteration of Capital
Capitalization of Profits
Board of Directors
Powers of Board
Proceedings of Board
Chief Executive Officer
Company Secretary
General Meetings
Voting Rights
Proxies
Directors' Interests
Dividends and Reserves
Accounts and Audit
Common Seal
Winding Up
Indemnity
Real Estate Operations
Property Management
Development Rights
Project Execution
Environmental Compliance
RERA Compliance
Land Acquisition
Property Disposal
Joint Development
Construction Management
Asset Management
Regulatory Compliance
Foreign Investment
Borrowing Powers
Securities Issuance
Relevant Industries
Real Estate
Construction
Property Development
Urban Planning
Infrastructure Development
Commercial Property Management
Residential Property Development
Industrial Estate Development
Property Investment
Real Estate Investment Trusts (REITs)
Relevant Teams
Legal
Corporate Affairs
Compliance
Real Estate Operations
Property Management
Project Development
Corporate Governance
Finance
Risk Management
Business Development
Property Acquisition
Relevant Roles
CEO
Managing Director
Company Secretary
Legal Counsel
Compliance Officer
Real Estate Development Manager
Property Manager
Project Director
Board Director
Corporate Governance Officer
Real Estate Operations Manager
Chief Financial Officer
Risk Management Officer
Business Development Manager
Property Acquisition Manager
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