law: Companies Act, 2013 
  7.
  
   Incorporation
  
  of company.
  1.      There shall be filed
  
  with the Registrar within whose jurisdiction the registered office of a company
  
  is proposed to be situated, the following documents and information for
  
  registration, namely:—
  a.     
  
    the
  
  memorandum and articles of the company duly signed by all the subscribers to
  
  the memorandum in such manner as may be prescribed;
  b.    
  
    a
  
  declaration in the prescribed form by an advocate, a chartered accountant, cost
  
  accountant or company secretary in practice, who is engaged in the formation of
  
  the company, and by a person named in the articles as a director, manager or
  
  secretary of the company, that all the requirements of this Act and the rules
  
  made there under in respect of registration and matters precedent or incidental
  
  thereto have been complied with;
  c.     
  
    an
  
  affidavit from each of the subscribers to the memorandum and from persons named
  
  as the first directors, if any, in the articles that he is not convicted of any
  
  offence in connection with the promotion, formation or management of any
  
  company, or that he has not been found guilty of any fraud or misfeasance or of
  
  any breach of duty to any company under this Act or any previous company law
  
  during the preceding five years and that all the documents filed with the
  
  Registrar for registration of the company contain information that is correct
  
  and complete and true to the best of his knowledge and belief;
  d.    
  
    the
  
  address for correspondence till its registered office is established;
  e.     
  
    the
  
  particulars of name, including surname or family name, residential address,
  
  nationality and such other particulars of every subscriber to the memorandum
  
  along with proof of identity, as may be prescribed, and in the case of a
  
  subscriber being a body corporate, such particulars as may be prescribed;
  f.     
  
    the
  
  particulars of the persons mentioned in the articles as the first directors of
  
  the company, their names, including surnames or family names, the Director
  
  Identification Number, residential address, nationality and such other
  
  particulars including proof of identity as may be prescribed; and
  g.    
  
    the
  
  particulars of the interests of the persons mentioned in the articles as the
  
  first directors of the company in other firms or bodies corporate along with
  
  their consent to act as directors of the company in such form and manner as may
  
  be prescribed.
  1.     
  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 subsection 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.      On and from the date
  
  mentioned in the certificate of incorporation issued under sub-section (2 ),
  
  the Registrar shall allot to the company a corporate identity number, which shall
  
  be a distinct identity for the company and which shall also be included in the
  
  certificate.
  4.      The company shall
  
  maintain and preserve at its registered office copies of all documents and
  
  information as originally filed under sub-section (1 ) till its dissolution
  
  under this Act.
  5.      If any person
  
  furnishes any false or incorrect particulars of any information or suppresses
  
  any material information, of which he is aware in any of the documents filed
  
  with the Registrar in relation to the registration of a company, he shall be
  
  liable for action under section 447.
  6.      Without prejudice to
  
  the provisions of sub-section (5 ) where, at any time after the
  
  incorporation of a company, it is proved that the company has been got
  
  incorporated by furnishing any false or incorrect information or representation
  
  or by suppressing any material fact or information in any of the documents or
  
  declaration filed or made for incorporating such company, or by any fraudulent
  
  action, the promoters, the persons named as the first directors of the company
  
  and the persons making declaration under clause (b ) of subsection (1 )
  
  shall each be liable for action under section 447.
  7.      Without prejudice to
  
  the provisions of sub-section (6 ), where a company has been got
  
  incorporated by furnishing any false or incorrect information or representation
  
  or by suppressing any material fact or information in any of the documents or
  
  declaration filed or made for incorporating such company or by any fraudulent
  
  action, the Tribunal may, on an application made to it, on being satisfied that
  
  the situation so warrants,—
  a.     
  
    pass
  
  such orders, as it may think fit, for regulation of the management of the
  
  company including changes, if any, in its memorandum and articles, in public
  
  interest or in the interest of the company and its members and creditors; or
  b.    
  
    direct
  
  that liability of the members shall be unlimited; or
  c.     
  
    direct
  
  removal of the name of the company from the register of companies; or
  d.    
  
    pass
  
  an order for the winding up of the company; or
  e.     
  
    pass
  
  such other orders as it may deem fit:
  Provided
  
  that before making any order under this sub-section,—
        i.        
  
    the
  
  company shall be given a reasonable opportunity of being heard in the matter;
  
  and
       ii.        
  
    the
  
  Tribunal shall take into consideration the transactions entered into by the
  
  company, including the obligations, if any, contracted or payment of any
  
  liability.