Articles of Incorporation/Organization is a mandatory legal document required when establishing a company in India. This document must be filed with the Registrar of Companies (ROC) under the provisions of the Companies Act, 2013, and serves as the company's constitutional document. It contains essential information about the company's internal management, share capital structure, rights of shareholders, and procedures for corporate actions. The Articles are crucial for both private and public companies, defining their operational framework and governance structure. This document is perpetually important throughout the company's existence, as it governs fundamental aspects of corporate operations and can only be modified through special resolutions passed by shareholders.
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1. Name Clause: Specifies the proposed name of the company as approved by the Registrar of Companies
2. Registered Office Clause: States the state/union territory where the registered office of the company will be situated
3. Objects Clause: Details the main objects, ancillary objects, and other objects of the company
4. Liability Clause: Declares the nature of liability of members (limited by shares/guarantee or unlimited)
5. Capital Clause: States the authorized share capital of the company and its division into shares of fixed amount
6. Association/Subscription Clause: Contains details of subscribers who wish to be formed into a company and their agreement to take shares
7. Management and Administration: Outlines the basic structure of company management, board of directors, and administrative procedures
8. General Meeting Provisions: Details the procedures and requirements for conducting general meetings
9. Board of Directors Provisions: Specifies the composition, appointment, removal, and powers of the board of directors
10. Share Capital and Variation of Rights: Details the types of shares, rights attached, and procedures for variation of rights
1. Preference Share Rights: Include when the company plans to issue preference shares, detailing their specific rights and restrictions
2. Foreign Investment Provisions: Required when the company expects foreign investment, detailing relevant procedures and compliance requirements
3. Joint Venture Provisions: Include when the company is formed as a joint venture, specifying rights and obligations of venture partners
4. Special Rights to Promoters: Optional provisions granting specific rights to company promoters or founding members
5. Branch Office Provisions: Include when the company plans to establish branch offices, detailing procedures and management
6. Corporate Social Responsibility: Required for companies meeting certain financial thresholds as per Companies Act, 2013
1. Schedule I - Share Capital Structure: Detailed breakdown of share capital, classes of shares, and rights attached
2. Schedule II - Initial Subscribers: Details of initial subscribers including their names, addresses, and shareholding
3. Schedule III - First Directors: List of first directors of the company with their details and DIN numbers
4. Schedule IV - Standard Forms: Standard forms for share certificates, transfer deeds, and other corporate documents
5. Appendix A - Board Meeting Procedures: Detailed procedures for conducting board meetings and passing resolutions
6. Appendix B - General Meeting Procedures: Comprehensive procedures for conducting general meetings and voting
7. Appendix C - Company Seal Specifications: Design and usage guidelines for the company seal
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E-commerce
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Energy
Transportation
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Mining
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Consulting
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Relevant Teams
Legal
Corporate Secretarial
Compliance
Corporate Governance
Board of Directors
Senior Management
Risk Management
Regulatory Affairs
Corporate Affairs
Finance
Relevant Roles
CEO
Managing Director
Company Secretary
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Compliance Officer
Chief Financial Officer
Board Director
General Counsel
Corporate Governance Officer
Risk Management Officer
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Company Director
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