The following documents are to be filed with the Registrar of the Joint Stock Companies of the State in which the registered office of the company is to be situated.
(1) Memorandum of Association
At least seven persons each promising to take at least one share must subscribe their names to the memorandum.
(2) Articles of Association
This is also signed by at least seven persons. If a public company does not prepare and file the Articles of Association, it is deemed to have adopted Table A in Schedule 1 of the Companies Act, 1956. However, a private limited company or a company limited by guaranteed and an unlimited company must file there own articles since they cannot adopt the provision of Table A Completely.
(3) A statement of the Nominal Capital
In case it exceeds Rs 1 crore, a certificate from the Central Government for permission to the issue of capital.
(4) A list of Directors
A list of Directors with their names in full, addresses and occupations and ages. If a separate list of directors is not filed, subscribed to the memorandum are deemed to be the first directors.
(5) Directors Appointment
If directors are appointed by the Articles or named in the prospectus, their written consent to act as director and written undertaking to take up and pay for the qualification shares, if any.
(6) Notice of Address of the Registered Office
This may also be given within 30 days after the incorporation or on the day from which the company commences its business, whichever is earlier.
(7) A statutory declaration
A statutory declaration by an advocate of the Supreme Court or High Court or an attorney or pleader entitled to appear before a High Court or a Chartered Accountant practicing in India and who is engaged in the formation of the company or by any person requirement of the law for registration have been complied with.
On filing the above documents and the payment of necessary fees, if the Registrar is satisfied that everything is in order, he will register the company and issue the certificate of incorporation. This certificate brings the company into existence as a legal person. It grants legal personality, corporate existence and perpetual succession to the company.