Forming a Limited Company
There are a few ways
of forming a limited company. On first inspection the most obvious
way to do this may be to try and register a company yourself.
This is done through Companies House who will readily supply informative
booklets and leaflets on request. However, they are not in a position
to provide additional advice on your own personal requirements.
To form a company you will need to provide the following to Companies
House-
A
Memorandum of Association
This document includes the company’s name, the registered
office where the company is situated, and the objects of the company.
The objects of the company state what the company will do and
how it will interact with the outside world. This may be to carry
on business as a commercial company or be more complicated stating
exactly what the company can and cannot do. This particularly
applies to companies limited by guarantee (not for profit organisations).
The form of the memorandum is set out in ‘the tables’
which are in The Companies Regulations 1985 and was further amended
by The Companies Act 1985. The tables are quite long pieces of
legislation that would arguably send an insomniac to sleep.
On application to Companies House the memorandum should delivered
to the registrar signed by each of the subscribers in front of
a witness who must attest the signatures.
Articles
of Association
This document relates to Table A and sets out the internal affairs
of the company. It defines how the company will run depending
on how much of Table A has been adopted or removed. Most Articles
of Association remove parts of Table A to avoid some of the clauses
that impose restrictions on operation.
Form 10
This form provides the details of the Director(s), Company Secretary(s),
and the registered office address of the company. The director,
in addition to name and address, must also provide, their date
of birth, nationality, and details of any other directorships
held within the last 5 years. This form should then be signed
by the appointed officers and the subscribers or their agent.
Form 12
This form is statutory declaration of compliance with all the
legal requirements relating to the incorporation of a company.
It should be signed by one of the people being appointed on form
10 or a solicitor forming the company. In addition to this it
must also be signed in the presence of a commissioner for oaths,
a notary public, a justice of the peace or a solicitor.
These completed forms should then be sent to the Registrar at
Companies House. The documents will be checked for errors and
omissions and against the disqualified directors register.
You can purchase Mem and Arts by clicking the following link-
Memorandum
and articles of association
Alternatively you could
use a Company Formation
Agent who will form your company for you electronically. This
saves a considerable amount of time and money.