Certificate of Incorporation- FS Flashcards
(8 cards)
What role does Companies House play when receiving a Form IN01 for incorporation?
Companies House checks that all formalities and statutory requirements have been complied with and cross-checks the Disqualified Directors Register to ensure no banned individuals are being appointed as directors.
What document is issued by Companies House upon successful incorporation of a company?
A Certificate of Incorporation is issued, confirming that the company has been validly incorporated and registered under the Companies Act 2006.
What does Section 15 of the Companies Act 2006 require the Certificate of Incorporation to state?
It must include the company’s name, registered number, date of incorporation, whether it is limited or unlimited, the type of limitation (by shares or by guarantee), whether it is private or public, and the location of its registered office.
What is the legal significance of the Certificate of Incorporation under Section 15(4) of the Companies Act 2006?
It serves as conclusive evidence that the company has complied with the registration requirements and is duly incorporated under the Act.
Is the Certificate of Incorporation evidence of ownership in the company?
No, the Certificate of Incorporation is not evidence of ownership; share certificates serve as the legal proof of ownership in the company.
What does Section 16 of the Companies Act 2006 state about a company after it is incorporated?
Section 16 provides that once registered, the company is legally capable of exercising all the functions of an incorporated company.
What distinguishes a company limited by guarantee from one limited by shares?
A company limited by guarantee does not have shares or shareholders; instead, it has guarantors who agree to contribute a specified amount towards the company’s debts.
What authenticates the Certificate of Incorporation?
The certificate must be either signed by the registrar or authenticated with the official seal of Companies House.
