Incorporation Of New Company under companies act 2013 - Drafting of Articles of Association



Posted on 28-03-2016        By ADMIN



STEP 6 -  Drafting of Articles of Association
Incorporation Of New Company under companies act 2013 -   Drafting of Articles of Association

6. Drafting of Articles of Association (AoA)-

AoA which is an important document explains theoperation of the company, purpose for which Company is incorporated along withthe information for the process of Appointment of Directors and also managementof the financial Record of the company.

In drafting of the AoA of company it shall contain-

· Regulation for management of the Company.

· It shall also contain such, matter as may be prescribed.

· May contain the provisions for entrenchment to the effect that specifiedprovision of the Article may be altered only if condition orprocedures as that are more restrictive than those applicable in the case of aspecial resolution are met or compiled with.

According to Section-5(6) of The Companies Act, 2013 the Article (AoA) shall be in respective formprovided in Table F, G, H, I and J of Schedule-I as may be applicable to suchcompany.

[Rule-10] -Where the articles contain the provisions for entrenchment, thecompany shall give notice to the Registrar of such provisions in Form No.INC.2or Form No.INC.7, as the case may be, along with the fee as provided in theCompanies (Registration offices and fees) Rules, 2014 at the time ofincorporation of the company or in case of existing companies, the same shallbe filed in Form No.MGT.14 within thirty days from the date of entrenchment ofthe articles, as the case may be, along with the fee as provided in theCompanies (Registration offices and fees) Rules, 2014.



Comment :