Documents required for incorporation of Public Company to be submit to Registrar.
After taking the preliminary steps of registration, the promoter makes an application to the Registrar of Companies of the State, in which the registered office of the company is to be situated for registration of the company. The application must be accompanied by the following documents:
1) The Memorandum of Association duly stamped, signed by the subscribed and witnessed. [Section 33 (l)(a)]
2) The Articles of Association, properly stamped, duly signed by the signatories of the Memorandum and witnessed. [Section 33 (l)(b)]. It may be noted that a public company limited by Shares need not prepare and file a copy of the articles if it has adopted Table A given in schedule I to 3 the Act. When a public company adopts Table A, the fact must be recorded on memorandum i.e., ‘Registered without Articles’.
3) The agreement, if any which the company proposes to enter into with any individual for appointment as its managing whole time director or manager [Section( 1 ) (c)].
4) A written consent of directors to act in that capacity, duly signed by each director, along with a written undertaking by them to take the necessary qualification shares, if any, as provided in the articles [Section 266 '(I)]. This document however not to be fled in the case of (i) a company without share capital, (ii) a private company, and (iii) a company which was a private company prior to its becoming a public company [Section 266 (5)].
5) A statutory declaration stating that all the legal requirements of the Act precedent to incorporation have been complied with. It must be signed by an advocate of the Supreme Court or of a High Court, or by an attorney or a pleader entitled to appear before a high Court, or by a secretary, or a chartered accountant, in whole-time practice in India, who is engaged in the formation of the company or by a person named in the articles as a director, managing director, manager or secretary of the company [Section 33 (2)].
6) Within 30 days of incorporation of the company, a notice of situation of registered office of the company shall be given to the Registrar [Section 1 46 (2)].