Practice free →
HomeLLMLawCorporate Law › Section 7 Companies Act 2013 deals with INCORPOR…

Section 7 Companies Act 2013 deals with INCORPORATION OF COMPANY. Once registered, the company comes into existence:

Aonly after the first AGM is held and audited financial statements are filed with ROC
Bfrom the date of registration mentioned in the certificate of incorporation issued by the Registrar
Conly after the company appoints its first statutory auditor under Section 139
Donly after the company files its certificate of commencement of business under Section 10A
Answer & Solution
Correct answer: B. from the date of registration mentioned in the certificate of incorporation issued by the Registrar
1. Section 7 Companies Act 2013 prescribes the procedure for incorporation — filing of forms, MoA, AoA, declarations, etc. with the Registrar of Companies. 2. Section 7(2): 'The Registrar on the basis of documents and information filed under sub-section (1), shall register all the documents and information referred to in that sub-section in the register and issue a certificate of incorporation in the prescribed form to the effect that the proposed company is incorporated under this Act.' 3. Section 9 confirms that from the date of incorporation in the certificate, the company is a body corporate by the name contained in the MoA. 4. The 'certificate of commencement of business' under Section 10A (re-introduced 2019) is a SEPARATE requirement for companies having share capital — a delay does not affect existence as a body corporate. 5. Hence option B is correct. _Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 7(2); read with Section 9_
Solve this in the app — LLM practice & 24k+ MCQs →
Related questions