Certificate of Incorporation Is No Longer Conclusive Evidence in India: It Can Be Challenged Now in Case of Companies Registered in India

Research Link- - An International Journal, Vol.-XVI (6), pp.110-112

Posted: 27 Jun 2019

Date Written: August 1, 2017

Abstract

Before the enactment of Companies Act, 2013 it was settled law that once the required documents have been delivered to the Registrar of Companies and the necessary fee paid, the Registrar, after satisfying himself, issues a certificate of incorporation which shall be a conclusive evidence that all the requirements of the Companies Act have been complied with in respect of registration and matters precedent and incidental thereto. But now, by effect of registration we mean that from the date of incorporation mentioned in the certificate, the company comes into existence and has all the features of a body corporate but in the absence of any clear provision in the Companies Act 2013, it cannot be inferred that it is a conclusive evidence with regard to the proper and regular registration and formation of a Company.

Keywords: Certificate of Incorporation, Conclusive Evidence, Companies Act 2013

JEL Classification: K10

Suggested Citation

Jarwal, Devendra, Certificate of Incorporation Is No Longer Conclusive Evidence in India: It Can Be Challenged Now in Case of Companies Registered in India (August 1, 2017). Research Link- - An International Journal, Vol.-XVI (6), pp.110-112. Available at SSRN: https://ssrn.com/abstract=3409048

Devendra Jarwal (Contact Author)

University of Delhi ( email )

University Road
Kirti Nagar
Delhi, DE New Delhi 110 007
India

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