The Certificate Articles of Incorporation is a mandatory document required when establishing a company in India under the Companies Act, 2013. It serves as the primary charter that defines a company's constitution and internal governance framework. This document must be filed with the Registrar of Companies (ROC) during the incorporation process and includes crucial information such as the company's name, objectives, share capital structure, management rules, and operational procedures. It's essential for both private and public companies and must comply with Indian regulatory requirements, including recent amendments to the Companies Act. The document becomes legally binding once approved by the ROC and forms the basis for all future corporate actions and governance matters.
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1. Name Clause: States the approved name of the company as registered with ROC
2. Registered Office Clause: Specifies the state where the registered office of the company will be situated
3. Objects Clause: Details the main objects, ancillary objects, and other objects of the company
4. Liability Clause: Declares the nature of liability of members (limited by shares/guarantee or unlimited)
5. Capital Clause: States the authorized share capital of the company and its division into shares of fixed amount
6. Association/Subscription Clause: Contains details of subscribers who wish to be formed into a company
7. Management of Company: Provisions regarding board of directors, their appointment, removal, and powers
8. General Meetings: Rules regarding conducting general meetings, voting rights, and procedures
9. Share Capital and Variation of Rights: Detailed provisions about share types, transfer, transmission, and alteration of capital
10. Board of Directors: Specific provisions about board composition, qualifications, rotation, and proceedings
1. Common Seal: Provisions regarding the common seal of the company - optional since Companies (Amendment) Act 2015 made common seal optional
2. Foreign Branch Provisions: Include if the company plans to operate international branches
3. Special Rights to Founders: Include if founders are to be given special voting or other rights
4. Corporate Social Responsibility: Required only for companies meeting certain profit/turnover thresholds as per Section 135 of Companies Act
5. Different Classes of Shares: Include if the company plans to issue different classes of shares with varying rights
6. Restrictive Provisions: Special restrictions on share transfer for private companies or specific business requirements
1. Table F Reference: Reference to or modifications of Table F of Companies Act 2013 (for companies limited by shares)
2. Share Capital Structure: Detailed breakdown of authorized share capital and different classes of shares if applicable
3. Initial Subscribers: Details of initial subscribers including their names, addresses, occupation, and number of shares subscribed
4. Director Details: Complete information about first directors including DIN, address, and other statutory details
5. Special Rights Appendix: Detailed provisions of any special rights or restrictions attached to specific shares or shareholders
Relevant legal definitions
Act
Annual General Meeting
Articles
Board of Directors
Capital
Company
Director
Dividend
Extraordinary General Meeting
Financial Year
General Meeting
Managing Director
Member
Memorandum
Month
Office
Ordinary Resolution
Paid-up Share Capital
Person
Proxy
Register of Members
Registrar
Rules
Seal
Secretary
Securities
Share
Special Resolution
Statutory Meeting
Subscriber
These Presents
Whole-time Director
In Writing
Financial Statements
Independent Director
Key Managerial Personnel
Related Party
Subsidiary Company
Authorized Representative
Beneficial Owner
Annual General Meeting
Articles
Board of Directors
Capital
Company
Director
Dividend
Extraordinary General Meeting
Financial Year
General Meeting
Managing Director
Member
Memorandum
Month
Office
Ordinary Resolution
Paid-up Share Capital
Person
Proxy
Register of Members
Registrar
Rules
Seal
Secretary
Securities
Share
Special Resolution
Statutory Meeting
Subscriber
These Presents
Whole-time Director
In Writing
Financial Statements
Independent Director
Key Managerial Personnel
Related Party
Subsidiary Company
Authorized Representative
Beneficial Owner
Clauses
Name and Registered Office
Objects
Limited Liability
Share Capital
Share Transfer and Transmission
Share Certificates
Lien on Shares
Calls on Shares
Forfeiture of Shares
Alteration of Capital
General Meetings
Proceedings at General Meetings
Voting Rights
Board of Directors
Powers of Board
Proceedings of Board
Managing Director
Dividend and Reserves
Accounts and Audit
Winding Up
Indemnity
Common Seal
Secrecy
First Directors
Board Committees
Officer Appointments
Corporate Records
Borrowing Powers
Share Subscription
Dispute Resolution
Objects
Limited Liability
Share Capital
Share Transfer and Transmission
Share Certificates
Lien on Shares
Calls on Shares
Forfeiture of Shares
Alteration of Capital
General Meetings
Proceedings at General Meetings
Voting Rights
Board of Directors
Powers of Board
Proceedings of Board
Managing Director
Dividend and Reserves
Accounts and Audit
Winding Up
Indemnity
Common Seal
Secrecy
First Directors
Board Committees
Officer Appointments
Corporate Records
Borrowing Powers
Share Subscription
Dispute Resolution
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Retail
Real Estate
Education
Transportation
Energy
Professional Services
Media and Entertainment
Agriculture
Construction
Telecommunications
Hospitality
Relevant Teams
Legal
Corporate Secretarial
Compliance
Corporate Affairs
Finance
Board of Directors
Executive Leadership
Risk Management
Corporate Governance
Investment
Relevant Roles
CEO
Company Secretary
Legal Counsel
Corporate Lawyer
Compliance Officer
Chief Financial Officer
Board Director
Managing Director
Corporate Governance Officer
Business Development Manager
Risk Manager
Investment Manager
Startup Founder
Entrepreneur
Corporate Affairs Manager
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