Formation of company is an act of registration
a corporate body for the purpose to build an artificial person. A company can
be formed through its, permition, incorporation, subscription and at last
commencement of business i- Company ordinance 1984 ii- SECP 1997 “Union or association of person for
carrying on a commercial or industrial enterprise. Every company after it has been
formed shall be registered. Procedure of formation of company can be discussed
under five stages towards the formation of company.
i- Permotion stage ii- Incorporation stage iii- Subscription stage iv- Commencement stage v- Conformation by SECP At permotion stage following tasks
are performed. i- The type of company shall be choiced ii- Meeting of mind must take
effect iii- Idea shall be conceive iv- Eligibility of experts shall be
taken into consideratio v- Preliminary contracts shall be
improved vi- The contracts shall be
registered if necessary
For incorporation of a company some documents
shall be prepared discussed as followedMemorandum is the association of the
company. It is the document which is to be prepared for filing as application
for incorporation.Articles include all
internal conditions or rules of the company. It is the second important
document for the formation of company. A declaration by the
promoter that they are going to form a company must also be made for
incorporation purposes. A receipt of challan shall also be attached
with the application of registration of company. At subscription stage company has to
comply with following requirements.
A
prospectus shall be prepared for the purposes to invite the public. Lists of the persons have
consented to act as directors of the company shall be prepared. Every company shall deposit
registration fee on share capitals in the government treasury. A certificate of incorporation
shall be issued to a company which has complied with all the requirement of
registration. Private
company need not to get certificate of commencement of business. A public company after getting
incorporation certificate shall also be required to receive a further
certificate called trading certificate. “It shall be conclusive evidence
that company is entitled to commence business”
A company of want to enlist itself a listed company in stock
exchange than all the requirements of a listed company must be the fulfilled. Last step is to get conformation
from SECP for the formation of company. Company shall be called an
artificial person and a separate legal entity. A company can be formed through its,
permition, incorporation, subscription and at last commencement of business.
Company shall be called an artificial person and a separate legal entity.
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