State Articles of Incorporation are essential documents required when establishing a new company in India. This document is mandatory under the Companies Act, 2013, and must be filed with the Registrar of Companies during the incorporation process. It contains crucial information about the company's structure, objectives, and operational framework, including details about share capital, management procedures, and shareholder rights. The Articles serve as a contract between the company and its members, as well as among the members themselves. They define how the company will be managed and operated, outline the powers and duties of directors, and establish procedures for meetings and decision-making. The document must comply with state-specific requirements and stamp duty regulations, while adhering to the broader framework of Indian corporate law.
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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 of the company
4. Liability Clause: Declares whether liability of members is limited or unlimited, and if limited, by what (shares or guarantee)
5. Capital Clause: States the authorized share capital of the company and its division into shares of fixed amount
6. Association Clause: Declaration of association by the subscribers to form the company
7. Management and Administration: Rules regarding meetings, voting rights, and general administration
8. Board of Directors: Provisions relating to appointment, powers, and proceedings of the Board
9. Share Capital and Variation of Rights: Details about types of shares, share certificates, transfer and transmission of shares
10. General Meeting Provisions: Rules for conducting general meetings, notice requirements, and voting procedures
1. Preference Shares: Include when the company plans to issue preference shares, detailing their rights and restrictions
2. Foreign Investment Provisions: Required when the company expects foreign investment or foreign shareholders
3. Corporate Social Responsibility: Mandatory for companies meeting certain financial thresholds as per Companies Act
4. Borrowing Powers: Detailed provisions about company's power to borrow, if extensive borrowing is anticipated
5. Managing Director Provisions: Include if the company plans to appoint a Managing Director
6. Joint Venture Provisions: Required when the company is formed as a joint venture
7. Specialized Committees: Include when forming specific committees beyond statutory requirements
1. Schedule I - Table F: Model articles of association for company limited by shares
2. Subscriber Information: Details of initial subscribers including their names, addresses, and shareholding
3. Share Capital Structure: Detailed breakdown of share classes and rights attached
4. Initial Directors: List of first directors and their details
5. Adoption Certificate: Certificate confirming adoption of the Articles by subscribers
6. Special Rights: Schedule detailing any special rights or restrictions attached to shares
7. Forms and Declarations: Required statutory forms and declarations for incorporation
Relevant legal definitions
Act
Annual General Meeting
Articles
Auditors
Board of Directors
Capital
Company
Dividend
Director
Extraordinary General Meeting
Financial Year
General Meeting
In Writing
Independent Director
Managing Director
Member
Memorandum
Month
Office
Ordinary Resolution
Paid-up Share Capital
Person
Proxy
Register of Members
Registered Office
Registrar
Seal
Secretary
Securities
Share
Special Resolution
Stamp Act
Subscriber
These Presents
Whole-time Director
Year
Authorized Representative
Board Meeting
Committee
Debenture
Electronic Mode
Legal Representative
Officer
Prescribed
Rules
Statutory Registers
Annual General Meeting
Articles
Auditors
Board of Directors
Capital
Company
Dividend
Director
Extraordinary General Meeting
Financial Year
General Meeting
In Writing
Independent Director
Managing Director
Member
Memorandum
Month
Office
Ordinary Resolution
Paid-up Share Capital
Person
Proxy
Register of Members
Registered Office
Registrar
Seal
Secretary
Securities
Share
Special Resolution
Stamp Act
Subscriber
These Presents
Whole-time Director
Year
Authorized Representative
Board Meeting
Committee
Debenture
Electronic Mode
Legal Representative
Officer
Prescribed
Rules
Statutory Registers
Clauses
Name and Registered Office
Objects
Liability
Capital Structure
Share Rights
Share Transfer
Share Certificates
Share Forfeiture
Lien
Board Composition
Board Powers
Board Meetings
Director Appointment
Director Removal
Director Qualifications
General Meetings
Voting Rights
Proxy
Dividend Distribution
Reserve Funds
Company Secretary
Common Seal
Winding Up
Indemnity
Borrowing Powers
Audit
Notices
Alteration of Articles
Confidentiality
Dispute Resolution
First Appointments
Authentication
Corporate Records
Committee Formation
Capitalization
Objects
Liability
Capital Structure
Share Rights
Share Transfer
Share Certificates
Share Forfeiture
Lien
Board Composition
Board Powers
Board Meetings
Director Appointment
Director Removal
Director Qualifications
General Meetings
Voting Rights
Proxy
Dividend Distribution
Reserve Funds
Company Secretary
Common Seal
Winding Up
Indemnity
Borrowing Powers
Audit
Notices
Alteration of Articles
Confidentiality
Dispute Resolution
First Appointments
Authentication
Corporate Records
Committee Formation
Capitalization
Relevant Industries
Manufacturing
Information Technology
Financial Services
Healthcare
Real Estate
Retail
E-commerce
Education
Consulting
Transportation
Energy
Agriculture
Entertainment
Telecommunications
Construction
Professional Services
Relevant Teams
Legal
Compliance
Corporate Secretarial
Board of Directors
Corporate Governance
Risk Management
Administration
Finance
Executive Leadership
Corporate Affairs
Relevant Roles
CEO
Company Secretary
Legal Counsel
Corporate Lawyer
Compliance Officer
Director
Managing Director
Board Member
Chief Financial Officer
Corporate Governance Officer
Business Development Manager
Incorporation Specialist
Legal Administrator
Risk Manager
Company Registrar
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