Company law judiciary refers to the system of courts and tribunals that interpret and enforce company laws. Here's an overview:
1. Companies Act, 2013: The primary legislation governing company law in India.
2. Insolvency and Bankruptcy Code, 2016: A comprehensive framework for insolvency and bankruptcy proceedings
3. Securities and Exchange Board of India (SEBI) Regulations: Govern listed companies and securities markets.
1. UNCITRAL Model Law on Cross-Border Insolvency: A framework for international insolvency cooperation.
2. OECD Principles of Corporate Governance: Global standards for corporate governance practices.
1. Companies (Amendment) Act, 2020: Introduced reforms to company law, including relaxation of compliance requirements.
2. Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021: Strengthened the insolvency resolution process.
1. Ministry of Corporate Affairs (MCA): The government department responsible for company law administration.
2. National Company Law Tribunal (NCLT): The official website for NCLTrelated information.
3. Indian Corporate Law Service (ICLS): A comprehensive online resource for company law research.
1. Verify name availability: Check the availability of the desired company name on the MCA (Ministry of Corporate Affairs) website.
2. Ensure name compliance: Ensure the name complies with the Companies Act, 2013, and is not similar to an existing company name.
Step 2: Obtain Digital Signature Certificate (DSC) 1. Apply for DSC: Obtain a DSC from a certified authority, such as eMudhra or Sify.
2. Verify DSC: Verify the DSC on the MCA website.
Step 3: Register on the MCA Portal 1. Create an account: Create an account on the MCA portal. 2. Fill the registration form: Fill the registration form (Form SPICe+) with the required details.
Step 4: Prepare and File Incorporation Documents 1. Memorandum of Association (MOA): Prepare the MOA, which outlines the company's objectives, scope, and powers. 2. Articles of Association (AOA): Prepare the AOA, which outlines the company's internal management and governance. 3. Form SPICe+: File Form SPICe+, which includes the MOA, AOA, and other required documents.
Step 5: Pay the Registration Fee 1. Pay the fee: Pay the registration fee, which varies depending on the authorized capital of the company.
Step 6: Receive the Certificate of Incorporation 1. Verify the application: The MCA will verify the application and documents. 2. Receive the certificate: Receive the Certificate of Incorporation, which confirms the registration of the company.
1. Obtain PAN and TAN: Obtain a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN).
2. Open a bank account: Open a bank account in the name of the company.
3. File annual returns: File annual returns with the MCA and income tax authorities.
1. Identity proof: Identity proof of directors and shareholders (PAN, Aadhaar, etc.).
2. Address proof: Address proof of the registered office (rent agreement, utility bills, etc.).
3. MOA and AOA: Memorandum of Association and Articles of Association.
4. Form SPICe+: Form SPICe+, which includes the MOA, AOA, and other required documents.
