The Companies Act, 2013 lays down provisions for a company formation in India. A company is defined under the Companies Act as a company incorporated under the Act or any previous company law. According to Section 3 of the Companies Act, 2013, a company may be formed for any lawful purpose as a public company, private company or one person company. A public company is formed by 7 or more persons, private company is formed by two or more persons and a one person company is formed by a single person.

A company formed under this section shall be limited by shares, guarantees or be an unlimited company. To form a company, a Memorandum of the Company and the Articles of the company shall be drafted. 

Memorandum of Company 

● It is essential to draft a memorandum of association for the formation of a company in India. The Memorandum of a company includes its name and the word limited or private limited to declare that a company is a public company or a private company respectively. 

● It tells the state in which the company has been registered, the purpose of the incorporation of the company, the liability of each member of the company. 

Registration of the Companies Name 

● For company formation in India, it is crucial to primarily reserve the name of the company. The name is included in the Memorandum of the company and is registered by the Registrar of Companies. 

● The company to be formed shall propose its name to the Registrar in the form of an application along with the requisite fee. 

● The proposed name shall not be similar to the name of an existing company and should neither be in violation of the provisions of the Companies Act. 

● A company can suggest six names at a time in order to avoid conflict with already existing names. 

● After the name is suggested, the Registrar may preserve it for two months.

● The Registrar evaluates all the information and documents and the name gets registered which is finally included in the Memorandum of the company.

● Once the name of the company gets registered, it is also advisable to get it registered as a trademark with the help of trademark registration services in India.

Articles of Association

● The rules and regulations for the management of the company are included in the Articles of Association. It is necessary for the formation of a company.

● The Articles of Association also includes provisions regarding entrenchment.

Incorporation of a company

● The next step is to file an application to the Registrar for the incorporation or registration of the company along with the requisite fee and necessary documents.

● The Registrar then issues a Certificate of Incorporation and the company is formed.

To form a company in India, it is required to comply with all the provisions mentioned under the Companies Act, 2013. It is necessary to register the companies' name and also get it trademarked with the help of trademark registration services in India.