DEEPAK Law Term Paper

8/9/2019 DEEPAK Law Term Paper

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TERM PAPERON

Corporate and Business law

Topic:-Formation of advertising company in India

Submitted to:-

Mrs.sukhpreet kaur

Submitted by:-

Name Deepak Sharma

Roll no: - RS (1901) B-38 Registration no: - 10906112 MBA 193(LSM)

ACKNOWLEDGEMENT


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First of allI would like to take this opportunity to express my gratitude towards all

those people who have helped me in the successful completion of this term paper,

directly or indirectly. I would also like to express my sincere gratitude towards Mrs

Sukhpreet kaur (my term paper guide) for her guidance and help which she willingly

provided at every step of my term paper.

Next, I would like to express my sincere ineptness to Wikipedia.org, and Google for

providing us with all necessary information for completion of this term paper.

Finally, I would like to thank all my family and friends for their encouragement,

support and good wishes

Index:-

Introduction of company.

Registration of a company in India. Types of companies formed in India.


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Formation of an advertising company in India.

Advertising company.

Formation of a limited advertising company.

Registration of advertising company.

Incorporation of advertising company. Approval name. Memorandum of association.

Article of association.

Certificate of incorporation.

Document to be filled with registrar.

Documents to fill with registrar.

Tax registration.

Filling registering, approving authority.

Enclosures

Bibliography.

Company-


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A company, in broad sense, may mean an association of individuals formed for somecommon purpose .but it is a voluntary association of persons. It has capital divisible into parts, known as shares. At the same time it is an artificial person created by a

process of law. It has a perpetual succession and a common seal. It exits only incontemplation of law.

Characteristics of a company

Separate legal entity.

Limited liability.

Perpetual succession.

Common seal.

Transferability of shares.

Separate property.

Capacity to sue.

Registration of a company in India

Company is a separate legal entity, which is registered under the company act. Everycountry has different procedure of company registration. Company registration Indiais registered under Companies act 1956, which provides easy and effective proceduresto register a company in India. Incorporation of Company is yet another importantarea of concern. The Companies Act of 1956 sets down rules and regulations for theestablishment of both public and private companies. The most commonly usedcorporate form is the limited company, unlimited companies being relativelyuncommon.

Types of companies are formed in India:

There are following types of companies which are formed in India

Private Limited Company

Public Limited Company

Unlimited Company

Partnership

Sole Proprietorship

Government company


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Non-government company

The Companies Act of 1956 sets down rules for the establishment of both public andprivate companies. The most commonly used corporate form is the limited company,unlimited companies being relatively uncommon. A company is formed by registeringthe Memorandum and Articles of Association with the State Registrar of Companiesof the state in which the main office is to be located.

Foreign companies engaged in manufacturing and trading activitiesabroad are permitted by the Reserve Bank of India to open branchoffices in India for the purpose of carrying on the following activitiesin India:

To represent the parent company or other foreign companies invarious matters in India, for example, acting as buying/selling agents inIndia, etc.

To conduct research work in which the parent company is engagedprovided the results of the research work are made available to Indiancompanies.

To undertake export and import trading activities.

To promote possible technical and financial collaboration betweenIndian companies and overseas companies

ADVERTISING COMPANY:-

Advertising is a form of communication used to influence individuals to purchase products or services or support political candidates or ideas. Frequently itcommunicates a message that includes the name of the product or service and howthat product or service could potentially benefit the consumer. Advertising oftenattempts to persuade potential customers to purchase or to consume a particularbrandof product or service. Modern advertising developed with the rise of mass productionin the late 19th and early 20th centuries

Commercial advertisers often seek to generate increased consumption of theirproducts or services through branding, which involves the repetition of an image orproduct name in an effort to associate related qualities with the brand in the minds ofconsumers. Different types of media can be used to deliver these messages, includingtraditional media such as newspapers, magazines, television, radio, billboards ordirect mail. Advertising may be placed by an advertising agency on behalf of acompany or other organization.
http://en.wikipedia.org/wiki/Brandhttp://en.wikipedia.org/wiki/Brandhttp://en.wikipedia.org/wiki/Advertising_agencyhttp://en.wikipedia.org/wiki/Brandhttp://en.wikipedia.org/wiki/Brandhttp://en.wikipedia.org/wiki/Advertising_agency


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Excel advertising India ltd

Formation of limited Advertising company in India-

A Public Limited advertising Company is a Company limited by shares in which thereis no restriction on the maximum number of shareholders, transfer of shares andacceptance of public deposits. The liability of each shareholder is limited to the extentof the unpaid amount of the shares face value and the premium thereon in respect of

the shares held by him. However, the liability of a Director / Manager of such aCompany can at times be unlimited. The minimum number of shareholders is 7.

Company registration India has made your business successful and efficient becauseof registering a company in India & across the globe.

Online company registration in India is a new aspect of Company registration inIndia, which is also easy and comfortable. The online facilities to get the companyregistration process, form and registration of company name make personcomfortable. The online company registration process is very easy, fast and cheapwithin law. The online company registration services also provide help and advice onstarting business development, corporate recovery, and financial planning regardingto register a company in India.

Registration of Advertising company-

A company is formed by registering Articles of Association with the State Registrarof Companies of the state in which the main office is to be located. There are manycompanies in India, which provide Company Registration India Services, Taxation

and Licensing Services, and Vat registration so that the process of registering acompany will be easy and effective. These companies offer services like limitedcompany registration, online company registration, foreign company registration andnew company registration services in India. Company registration services in Indianot simply offer a registration service, but also provide you with advice and supportfor your business to flourish as long as you need it. Company registration India isvery essential to show excellence in any business flourishing in India as it safeguardsthe profits and rights of a company. It includes company formation, companyincorporation and a long procedure to be followed. But today, it has been done bydifferent company registration services online that saves money and time of anentrepreneur as well.


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Incorpation of the Advertising company-approval of name:

The first step in the formation of a company is the approval of the name by the

registrar of the companies. In the state, union in which the company will maintain itsregistered officeThis approval is provided subject to certain conditions: for instance,there should not be an existing company by the same name. Further, the last words inthe name are required to be "Private Ltd." in the case of a private company and"Limited" in the case of a Public Company. The application should mention at leastfour suitable names of the proposed company, in order of preference. In the case of a

private limited company, the name of the company should end with the words"Private Limited" as the last words. In case of a public limited company, the name ofthe company should end with the word "Limited" as the last word. The ROCgenerally informs the applicant within seven days from the date of submission of theapplication, whether or not any of the names applied for is available. Once a name is

approved, it is valid for a period of six months, within which time Memorandum ofAssociation and Articles of Association together with miscellaneous documentsshould be filed. If one is unable to do so, an application may be made for renewal ofname by paying additional fees. After obtaining the name approval, it normally takesapproximately two to three weeks to incorporate a company depending on where thecompany is registered.

Before a company is formed, certain preliminary decisions are necessary, for exampleit should be a private company or a public company. What its capital should be andwhether it is worthwhile forming a new company. All these decisions are taken by the

promoters of the company. They do the entire necessary preliminary work incidental

to the formation of a company.

Memorandum of association :

The memorandum of association is a document of great importance in relation to theadvertising company it contains the fundamental conditions upon which alone thecompany is allowed to be incorporated. it is the charter of the company and defines itsreasons for existense.it not only show the object of the formation of a company. butalso the utmost possible scope of it.

Contents of memorandum

The name of the company.

The state in which the registered office of the company is to be situated.

Limited liability.

Share capital.

Object of the company

A public company has the option of inviting the public for subscription to its share

capital. Accordingly, the company has to issue a prospectus, which provides


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information about the company to potential investors. The Companies Act specifiesthe information to be contained in the prospectus.

Articles of association-

The articles of association or just articles are the rules, regulationsfor the internal management of the affairs of the company. They areframed with the object of carrying out the aims and object as out inthe memorandum of association.

The articles are next in importance to the memorandum ofassociation which contains the fundamental conditions upon whichalone a company is allowed to be incorporated. They are as suchsubordinate to, and controlled by the memorandum.

Contents of articles- it contains provisions relating to the following matters.

Share capital.

Lien on shares.

Calls on shares.

Transfers of shares.

Transmissions of shares.

Conversions of shares in to stock.

Shares warrants.

Alteration of capital.

General meetings.

Managers and secretary.

Dividends and reserves.

Capitalization of profits.

The Articles of Association contain the rules and regulations of the company for themanagement of its internal affairs. While the Memorandum specifies the objectivesand purposes for which the Company has been formed, the Articles lay down the rulesand regulations for achieving those objectives and purposes


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Certificate of incorporation-

When the requite document are filed with the registrar, the registrar satisfy himself

that the statutory requirements regarding registration have been duly complied. afterthis a certificate of incorporation given by the registrar in respect of a company isconclusive evidence that all the requirements of the companies act have beencompiled with in respect of registration.

After the duly stamped Memorandum of Association and Articles of Association,documents and forms are filed and the filing fees are paid, the ROC scrutinizes thedocuments and, if necessary, instructs the authorized person to make necessarycorrections. Thereafter, a Certificate of Incorporation is issued by the ROC, fromwhich date the company comes in to existence. It takes one to two weeks from thedate of filing Memorandum of Association and Articles of Association to receive a

Certificate of Incorporation. Although a private company can commence businessimmediately after receiving the certificate of incorporation, a public company cannotdo so until it obtains a Certificate of Commencement of Business from the ROC

Document to be filled with the registrar :

The documents/forms stated below are filed along with Memorandum of Associationand Articles of Association on payment of filing fees (depending on the authorizedcapital of the company):

Declaration of compliance, duly stamped

Notice of the situation of the registered office of the companyParticulars of Directors, Manager or Secretary

Authority executed on a non-judicial stamp paper, in favour of one of the subscribersto the Memorandum of Association or any other person authorizing him to file thedocuments and papers for registration and to make necessary corrections, if anyThe ROCs letter (in original) indicating the availability of the name.

Before the advertising company is registered, it is essential to ascertain from theregistrar of companies and if the proposed name of the company is approved then thefollowing documents duly stamped together with the necessary fees are to be filedwith the registrar.

The memorandum of association.

The article of association.

The agreement.

Declaration.


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When a company is registered and a certificate of incorporation is issued by theregistrar the company becomes a distinct legal entity, its life commences from thedate mentioned in the certificate of incorporation. And the company requires a

perpetual succession. The member may come and go, but it goes on for ever, unless itis wound up.

A public limited advertising company has to be obtained certificate to commencebusiness before it can commence business.

Tax Registration-

Businesses liable for income tax must obtain a tax identification card and number[known as Permanent Account Number (PAN)] from the Revenue Department. In

addition to this, businesses liable to withhold tax must necessarily obtain a TaxDeduction Account Number (TAN). Both the PAN and the TAN must be indicated onall the returns, documents and correspondence filed with the Revenue Department.The PAN is also required to be stated in various other documents such as thedocuments pertaining to sale or purchase of any immovable property (exceeding Rs.five lakh), sale or purchase of a motor vehicle, time deposit (exceeding Rs. 5 lakh),contract for sale or purchase of securities (exceeding Rs. 10 lakh), to name a few

Filing Registering/Approving Authority

One copy has to be submitted along with a forwarding letter addressed to theconcerned Registrar of Companies.

Enclosures-

The declaration must be submitted with the following annexure.

Document evidencing payment of fee.

Memorandum and Articles of Association.

Copy of agreement if any, which the proposed company wishes to enter intowith any individual for appointment as its managing or whole-time director ormanager

Power of Attorney from subscribers.

Letter from Registrar of Companies making names available .

No objection letters from directors/promoters.

Requisite fees either in cash or demand draft.


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FORM NO. 18

Registration No. of the Company Nominal Capital: RsTHE COMPANIES ACT, 1956

Notice of the situation/change of situation of registered office

[Pursuant to section 146]

Name of the company Excel advertising limited.

Notice is hereby given that ----(a) The registered office of the company is situated in ABC .with effectfrom

[date](b) The situation of the registered office of the company of was changed from

with effect form .[Date]

1. Situation of registered office falls under the jurisdiction of(name of the police

station).*Dated this Day of 19

Signature

Name(In Block Capitals)

Designation

*State address of nearest police station with district and tehsil


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Fees -

Fee payable depends on the nominal capital of the company to be registered and maybe paid in one of the following modes. Cash/postal order (up to Rs.501-), demanddraft favoring Registrar of Companies/Treasury Challan should be payable into

specified branches of Punjab National Bank for credit.


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Money spent on advertising has increased in recent years. In 2007, spending onadvertising was estimated at more than $150 billion in the United States [2] and $385

billion worldwide,[3] and the latter to exceed $450 billion by 201

The Advertising Policy Procedure utilizes your companys advertising resources toreach the target market in the most cost effective manner. The advertising procedure

provides a framework for setting and achieving advertising objectives and enablesadvertising measurement so that your company knows what works and what doesnt.

Bibliography-

www.wikipedia.com
http://en.wikipedia.org/wiki/Advertising#cite_note-1http://en.wikipedia.org/wiki/Advertising#cite_note-2http://www.wikipedia.com/http://en.wikipedia.org/wiki/Advertising#cite_note-1http://en.wikipedia.org/wiki/Advertising#cite_note-2http://www.wikipedia.com/


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The Advertising Policy Procedure applies primarily to the marketing manager andcompany president. (16 pages, 2682 words)

Activities Covered in the Advertising Policy Procedure

The Advertising Plan-Background Developing the Advertising Plan Monitoring/Measuring the Advertising Plan Updating the Advertising Plan

References Used in the Advertising Policy Procedure

Consumer Protection Act (USA) Guides Against Deceptive Pricing Guides Against Bait Advertising Guides for the Advertising of Warranties and Guarantees Guides for Advertising Allowances and Other Merchandising Payments andServices

Forms Included in the Advertising Policy Procedure

Advertising Review Worksheet Form Advertising Objectives-Strategies Worksheet Form Advertising Plan Form Advertising Schedule (Sample) Form


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Registration No. of ComRs. ................

Declaration of compli

1956 on ap

Name of CompanyLimited


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Registration No. of Company .......

Particulars of appoi

Name of Company ........................

Note : --- If a company hC the parts containing those heaneed not be filed.A. Appointment of and changes

Name or namesand surname in

Fathers/husbands

Urea

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Registration No. of Company .......

Consent to act as director of a

[pursua

Name of company ........................Presented by .................................

To the Registrar of ComI, the undersigned, hereb

Name and surnamein full and fathers

names

Address

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DEEPAK Law Term Paper

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