Formation of a Company
ICSE · Class 11 · Commerce
Quick revision notes for Formation of a Company — ICSE Class 11 Commerce. Key concepts, formulas, and definitions for last-minute revision.
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Key Topics to Revise
1. Stages in the Formation of a Company
- The formation of a Joint Stock Company in India follows the rules and guidelines of the Companies Act, 1956.
- There are four distinct stages in formation: Promotion, Incorporation, Floatation or Capital Subscription, and Commencement of Business.
- A private company can commence business immediately after receiving the Certificate of Incorporation.
2. Promotion and the Promoter
- Promotion means the process of creating a business enterprise, from idea to readiness for business.
- C.W. Gerstenberg defined promotion as the discovery of business opportunities and the organisation of funds, property, and managerial ability into a business concern.
- H.E. Hoagland defined promotion as the process of creating a specific business enterprise.
3. Incorporation or Registration of a Company
- A company is incorporated when it receives the Certificate of Incorporation from the Registrar.
- The Certificate of Incorporation is conclusive proof that the company has been lawfully formed.
- The Registrar of Companies issues the Certificate of Incorporation under Sec. 900 of the Companies Act, 2013.
4. Floatation or Capital Subscription
- Floatation or capital subscription is relevant only for a public company having share capital.
- A company may issue a prospectus to invite the public to subscribe for shares.
- If a public company does not issue a prospectus, it must file a statement in lieu of prospectus at least three days before the directors pass the allotment resolution.
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