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What are the requirements to be done before incorporation of a company ?

Requirements to be done before incorporation is complete after the parties subscribing to the memo. must file with the Registrar of Companies :

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(a) the Memorandum of Association;

(b) the Articles of Association (except where Table A is adopted as the Articles of Company)(s 33);

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(c) the agreement (if any) which the Company proposes to enter into with and individual, firm , or body corporate, to be appointed its managing agent or secretaries and treasures;

(d) (except in the case of as private company) a list of person who have consented to be the directors of the company together with the consent in writing of each of such person to act as such director and pay for his qualification shares (the last statement is not required to be filed when the company is limited by guarantee and has no share capital) (sec.266); (e) a declaration under sec 33 by an advocate, attorney or pleader entitled to appear before the High Court or a Chartered Accountant or by any director, manager or secretary that all the requirements of the Act have been compiled with;

(f) on such documents being filed with the Registrar and the requisite fees duly paid; (g) the latter issues a certificate known as “Certificate of Incorporation”. This Certificate is by sec.35 of the Act made conclusive evidence that all the requirements of law regarding registration have been duly complied with. The company, however, is still not entitled to commerce business. Before it can do so , it has , if a public Company to secure a “certificate of commencement of business” from the registrar, which will be granted only after (i)shares payable in cash, equal to “minimum subscription” amount have been allotted, (ii) Every director has paid to the company on shares taken up by him, the amount payable on application and allotment and ,(iii) a verified declaration signed by the Secretary or one of the Directors has been duly filed with the Registrar (sec.149).

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