What is Incorporation of a Company?

The Registrar of the Company (RoC) provides every company with a Certificate of Incorporation after verifying all the details that are submitted for the Incorporation of the company. Section 7 of the Companies Act, 2013 provides a list of documents that are essentially required for the registration of a company. The Registrar of the Company (RoC) then enquires regarding the validity of these documents, and only after the satisfaction of the registrar, the company is issued the Certificate of Practice. The company must register the Article of Association and Memorandum of Association with the registrar of the company.

Incorporation of a Company: Advantages and Disadvantages

Incorporation of a company can be understood as the process of starting the company. In India, the process of Incorporation of a company is governed by the Companies Act, 2013. Any company cannot start their business without incorporating the same with the help of the registrar of the company.

Key Takeaways:

  • Only after the incorporation of a company, does it get the status of a legal entity and a separate identity.
  • All the benefits that are available to a company will be only applicable after the incorporation of the company.
  • The Corporate Identification Number (CIN), which is given to the company by the registrar of the company is a unique identity number for every company. This number is required by the company in doing their transactions, opening bank accounts, and registering themselves in different government schemes.

Table of Content

  • What is Incorporation of a Company?
  • Advantages of Incorporation
  • Disadvantages of Incorporation
  • Conclusion
  • Incorporation of a Company – FAQs

Similar Reads

What is Incorporation of a Company?

The Registrar of the Company (RoC) provides every company with a Certificate of Incorporation after verifying all the details that are submitted for the Incorporation of the company. Section 7 of the Companies Act, 2013 provides a list of documents that are essentially required for the registration of a company. The Registrar of the Company (RoC) then enquires regarding the validity of these documents, and only after the satisfaction of the registrar, the company is issued the Certificate of Practice. The company must register the Article of Association and Memorandum of Association with the registrar of the company....

Advantages of Incorporation

1. Corporate Personality: After the company was incorporated following the provisions of the Companies Act, 2013, the company became an individual legal entity. The members of the company are separate from the company and a separate individual entity. Members and shareholders can be only part of the company, but their identity and the identity of the company are different. The company is self-sufficient in performing all the business transactions by themselves, they do not need any member of shareholder to do any transaction in their name for the company....

Disadvantages of Incorporation

1. Formalities and Expenses: A company is a large setup that requires several people to work. Even before the company starts its business and earns profit, there are multiple fees and expenses involved that make the whole process very expensive. The company has to pay the necessary fees to the registrar of the company to incorporate their company and file their articles of the company. It also involves various kinds of other expenses, such as the amount that the company gives to a lawyer to prepare all the documents, the amount the company gives to an accountant to maintain all their account, and the amount the company give to their CA/CS to file all their dues and keep an extra check on the company. All these are expenses, and in some cases, it is very hard for the company to bear these expenses in starting....

Conclusion

After the Incorporation of a Company, it gets various rights that the company can enjoy and practice its business in the country in a smooth manner. The company gets the identity of a legal person and a jurist person. But any company cannot perform business without their directors and members. These people are the key personnel who do transactions for the company. They represent the company as per the laws and get business for the company....

Incorporation of a Company – FAQs

What is Incorporation of a company?...