Friday, August 10, 2012

Certificate of Incorporation

The Certificate of Incorporation is actually a Simple Doucment which contains the date of registration ,Name of the company incorporated and also where the company was incorporated.The Registrar of Companies in India  is the responsible for issuing the Certificate of Incorporation to Companies.Usually it takes about 2-3 days after submitting the Memorandum and Articles of Association of the Company along with the other documents required for incorporation  with the Registrar of Companies .If the Registrar of Companies  satisfy that the submitted documents has Complied  with the procedures and provisions under the Companies Act,1956 and other Statutory Legislations for the time being in force, then the Registrar of  Companies will issue the Certiifcate of Incorporation.After issuing of Certificate of Incorporation only, the Company will be considered as Legal Entity and  register itself with the other statutory authorities according to the nature of business.Without the Certificate of Incorporation, A  company could not able to open a Bank Account and register with VAT, PAN(Permanent Account Number) & TAN (Tax Account Number) for deducting TDS.For applying of the above facilities, a company should handover the copy of Certificate of Incorporation with the concerned authorities.(e.g. for applying of Importer-Exporter Code,Service Tax ,Central Excise & Customs Act , Copy of Certificate of Incorporation is mandatory).



As per Section 35 of the Companies Act,1956 "A Certificate of Incorporation given by the Registrar in respect of any association shall be conclusive evidence that all the requirements of this Act have been complied with in respect of registration and matters precedent and incidental thereto, and that the association is a company authorised to be registered and duly registered under this act.".

When ever company changes the name of the company during the course of the business  and company has shifted its registered office from one state to other state then Registrar of the companies will issue fresh Certificate of Incorporation with effect to the changes.


So the Certificate of Incorporation is the primary document of the Company and it is very essential to keep safe and preserve it permanently.

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