Effect of The Certificate of Incorporation

 The Certificate of Incorporation is the "birth certificate" of a company. Under Section 9 of the Companies Act, 2013, its issuance has the following legal effects:

  • Separate Legal Entity: From the date mentioned in the certificate, the company becomes a legal person distinct from its members.

  • Perpetual Succession: The company's existence is not affected by the death or insolvency of its members.

  • Right to Sue: The company can sue and be sued in its own name.

  • Conclusive Evidence: The certificate is conclusive evidence that all requirements of the Act regarding registration have been complied with.

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