A company is generally referred to as a group of people who contribute money or money’s worth to a common pool of resources and work towards the common objective. The company registered under the Companies Act 2013 acquires the status of an artificial judicial person with a separate legal identity. The main features, inter alia, of a company registered or incorporated under the Companies Act, 2013 comprise the following:
- On registration under the Companies Act, 2013, a company acquires the status of the artificial judicial person identity of which is separate from its members and directors. Due to this feature, a member or shareholder can enter into a contract with the company and can also sue the company and be sued by the company. Also a company can purchase and own property, bank accounts, or enter into contracts, raise loans or incur liabilities.
- Since the company exists and operates as a separate entity, members of the company are not liable for the debts of the company. Their liability is limited to the extent of the shares that are held by them or by the extent of the guarantee amount.
- The company being an artificial person established by law perpetuates to exist regardless of the differences in its membership or directors.
- The company being an artificial entity or a person cannot sign its name by itself. Thus, it creates the necessity of a common seal that can be used for representing the decisions made on behalf of the company.
The Companies Act prescribes certain compliances which every company incorporated under the Act is required to make. A few of the compliances are:
- Assignation, stipulation, remuneration, and retirement of directors of the company;
- Appointment of the statutory auditors of the company;
- Convening and conducting a meeting of the Board of Directors;
- Convening and conducting an annual general meeting of the members/shareholders of
- Preparation and presentation of annual accounts of the company and the regular maintenance of books of accounts;
- Furnishing of annual financial statements with the Registrar of Companies;
- Maintenance of the books of accounts as per the accrual system of accounting;
- Intimation to Registrar of Companies on receipt of deposits, loans, etc.
The consequences of non-compliances are both far-reaching and far-sighted.
How ASC Helps
We, at ASC, have Company Secretaries and other professionals who understand the law related to companies in India and stays constantly abreast with the regulatory environment in India, and assist our clients in making companies under the Companies Act promptly. Our key services offerings include the following:
- Assistance with the incorporation of the company in India viz preparation of application form, memorandum and articles of association and filing of the same with the Registrar of Companies;
- Assistance concerning the filing of an application and obtaining the certificate of commencement of business from the Registrar of Companies
- Preparation of minutes of the meeting of the Board of Directors and members;
- Assistance about how the meetings under the Companies Act are convened and operated and also voting in the same;
- Assistance with the filing of annual returns and other forms as prescribed.