| Sr. No. | Subject Matters | Provisions under Companies Act, 1956 | Provisions under Companies Act, 2013 |
| 1 | Types of companies that can be formed | Public company or private company which can be limited by shares/limited by guarantee or unlimited company. | Besides public & private company, One Person Company (OPC) can also be formed. |
| 2 | Validity of name | Incorporation forms shall be filed within 60 days from date of availability of name declared by ROC. | Incorporation forms shall be filed within 60 days from date of making application for reservation of name to ROC. |
| 3 | Penalty for obtaining name by providing wrong or incorrect information | No recourse provided | If company is not incorporated, reserved name shall be cancelled after imposing a penalty not exceeding Rs. 1,00,000; and if company is incorporated the ROC may either:
(i) direct the company to change its name within 3 months by passing ordinary resolution (ii) take action for striking off the name of the company from the register of companies or (iii) make a petition for winding up of the company. |
| 4 | Mandatory contents of the Memorandum of Association (MOA) | Six clauses were mandatory:
1) Name Clause 2) Registered office Clause 3) Objects divisible into:
4) Liability Clause 5) Capital Clause 6) Subscription clause |
Same six clauses except that the object clause is classified as: (i) the objects for which the company is proposed to be incorporated and (ii) any matter considered necessary in furtherance thereof |
| 5 | Memorandum/ Articles of Association (AOA) | Table A- AOA of the company limited by shares.
Table B– MOA of Company limited by shares. Table C- MOA & AOA of company limited by guarantee and not having a share capital. Table D- MOA & AOA of the company limited by guarantee and having a share capital Table E- MOA & AOA of an unlimited Company. |
Table A- MOA of company limited by shares.
Table B– MOA of company limited by guarantee and not having share capital Table C- MOA of company limited by guarantee and having share capital. Table D- MOA of an unlimited company not having share capital. Table E- MOA of an unlimited company and having a share capital. Table F- AOA of a company limited by shares. Table G– AOA of company limited by guarantee and having a share capital Table H- AOA of company limited by guarantee and not having share capital. Table I- AOA of an unlimited company and having share capital. Table J- AOA of an unlimited company and not having share capital. |
| 6 | Formation of companies with charitable objects | Section 25 – Did not specifically provide for objects like sports, education, research, social welfare and environmental protection. | Section 8 – Specifically provides for all these objects. |
| 7 | Declaration by professionals | There shall be filed a declaration by an advocate or CS or CA in practice or by a person named in the articles as a director, manager or secretary of the company, that all the requirements of the Companies Act, 1956 and Rules have been complied with. | There shall be filed a declaration by an advocate or a chartered accountant or cost accountant or company secretary in practice in Form INC-8 that all the requirements of Companies Act, 2013 and the rules made there under have been complied with. |
| 8 | Affidavit from subscribers to MOA/first directors | No such requirement | There shall be an affidavit submitted by each of the subscribers to the memorandum and each of the first directors named in the Articles in Form INC-9.
Further, a declaration/affidavit to be submitted by the subscribers to the memorandum/first directors to the effect that the company / directors shall not accept any deposit unless compliance of the applicable provisions of the Companies Act, 1956, RBI Act, 1934 and SEBI Act, 1992 and rules/regulations/ directions made there under are duly complied and filed with the concerned authorities. |
| 9 | Forms to be filed | Form-1A: Applying for name availability
Form-1: Incorporation of company. Form-18: Intimation of registered office Form-32: Appointment of first Directors. |
Form INC-1: Application for reservation of name.
Form INC-7: Application for incorporation of company (Other than OPC) Form INC-22: Notice of situation of registered office Form DIR-12: Particulars of appointment of directors and the key managerial personnel Integrated e-Form: Apart from above an integrated e-Form can be filed (single window form): Form INC-29: Integrated Incorporation Form One person Company: Form INC-2: One Person Company- Application for incorporation. Form INC-3: One Person Company- Nominee consent form |
| 10 | Registered office | A company shall, as from the day on which it begins to carry on business, or as from the 30th day after the date of its incorporation, whichever is earlier, have a registered office to which all communications and notices may be addressed. | A company shall, on and from the 15thday of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be addressed to it. |