The Companies Act, 2013 is an act to consolidate and amend the law relating to companies. The Companies Act 2013 aims to improve corporate governance, simplify regulations and strengthen the interests of investors. This enactment makes our corporate regulations more contemporary.

Section 1of the Companies Act 2013 deals with the title of the Act according to which this Act may be called as the Companies Act, 2013.Further, section deals with the extent to the applicability of the Act. It says that the act shall extend the whole of India.

A company is a separate legal entity with perpetual succession for lawful purposes. Section 3 of Companies act, 2013 deals with the basic requirement with respect to the constitution of the company. A company may be formed for any lawful purposes by :

1. 7 or more persons, where the company to be formed is to be a public company.
2. 2 or more persons, where the company to be formed is to be a private company or
3. 1 person, where the company to be framed is to be One Person Company that is to say, a private company.

by subscribing their names or his names to a memorandum and complying with the requirements of this Act in respect of registration.

Section 7 of the Companies Act, 2103 provides for the procedure to be followed for incorporation of a company.

Steps For Incorporation

1. Reservation of name by filing e-application.
2. Drafting & signing of MOA & AOA and its submission to ROC. These documents have to be e-filed and e-stamped.
3. Consent of persons nominated as directors to act as directors to be submitted electronically.
4. Submission of statutory declaration of compliance and other declarations.
5. Pay fees & amount of stamp duty electronically.
6. Obtain certificate of incorporation digitally signed by ROC.
7. File declaration about address of registered office.

Section 8 of the Companies Act 2013 deals with the formation of companies which are formed to promote the charitable objects of commerce, art , science, sports, education, research, social welfare, religion, charity, protection of environment etc.. This section allows the Central Government to register such persons or association of persons as a company with limited liability without the addition of words 'Limited' or 'Private Limited' to its name, by issuing license on such conditions as it deems.

Section 9 of the Companies Act, 2013 provides for the effect of registration of a company.