Section 4 of the Companies Act, 2013
Section 4 of the Companies Act, 2013 deals with the Memorandum of a company, i.e., what details must be included in the Memorandum of Association (MoA) when a company is being incorporated.
📘 Section 4 – Memorandum
(1) The memorandum of a company shall state—
(a) the name of the company with “Limited” or “Private Limited” as applicable.
(b) the state in which the registered office of the company is to be situated.
(c) the objects for which the company is proposed to be incorporated and any matter considered necessary in furtherance thereof.
(d) the liability of members of the company (limited or unlimited).
(e) the share capital (in case of a company with share capital) and number of shares.
(f) the names of the subscribers and number of shares taken by them.
(2) The name of the company shall not—
Be identical or too closely resembles the name of an existing company.
Be undesirable, offensive, or violative of law or public policy.
(3) The name must get approval from the Central Government in case it includes any such restricted words.
(4) A company cannot be registered with a name that is:
Offensive or illegal,
Misleading about its activities,
Identical to an existing company or LLP.
(5) If, after incorporation, the company is found to be registered with a name that is identical or too similar to an existing company, the Central Government may direct the company to change its name within a specified period.
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