Effects of company incorporationGudden Khandelwal / 2021-02-12 05:14:28
What is the incorporation of a company?
Incorporation of a company is a type of registration of the company with the registrar of the company is ROC. There have many effects on the incorporation of a company. Those are describing here.
Effects of incorporation:
The company becomes an amalgamated entity - As per section 34 (2) of the Companies Act, 1956, "From the date of writing in the amalgamation certificate, the company becomes an amalgamated entity mentioned in the Councilor Limitation Rules and this institution is the permanent of the amalgamated entity Can act as an amalgamated company, not so much the permanent existence of such an amalgamated organization is its universal currency. "
Commencement of the date of the certificate of association of the existence of the company: -
The company is deemed to have come into existence from the date on which the certificate of amalgamation is given and its existence from the day after the date of amalgamation, irrespective of the time at which the amalgamation letter is issued, for example, if the company The amalgamation certificate of the company has been issued at 2 o'clock in the afternoon, then the company will be deemed to have amalgamated on that day in the morning, the contracts made before 2 o'clock on that day cannot be canceled on the ground that the company at that time did not exist.
Permanent existence of company -
After the amalgamation, the existence of the company becomes permanent, the death of any member or bankruptcy does not result in the termination of the company.
First survival of the company: -
The existence of a company is different from its members, that is, the company can file a suit against its members and the members of the company can file a suit against the company.
The contract between company and members: -
As soon as the amalgamation is done, the company councilor limits the rules and the councilor articles bind the company and its members in such a way that these forms have been signed by the company and each member, i.e. those forms apply to both the company and the member.
Consideration of the company as a statutory person after amalgamation: - After company registration in India, a company becomes a statutory person and the company acts like a person under its universal control.
To be treated as a debt of the Day Money Company by the underlying members of Councilor Limitation Rules and Councilor articles: -
Under the Councilor Limitation Rules and Councilor Articles by the members, the amount of de-money to the company is treated as if the company has a loan against its members.
Right to submit a suit: - After amalgamation, the company can submit suit to other parties and other parties can file suit against the company.
Agreements before amalgamation: - The company is not bound for the contracts made before the amalgamation until after the amalgamation the new contracts are taken by the company in this regard.
Impact on creditors: - After the amalgamation of the company, the creditors can file a suit against the company to get their money.
It is noteworthy that once the amalgamation certificate is issued, the amalgamation certificate cannot be canceled. Yes, it is possible to wind up the company as per the provisions of the Companies Act.