Multiple choice

Which of the following statements is correct?

  1. Certificate of incorporation is required by a public company only and not by a private company.

  2. Certificate of commencement of business is conclusive proof of existence of a company.

  3. Certificate of incorporation is conclusive proof of existence of a company.

  4. Certificate of commencement of business is required by a private company only.

Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Section 35 of the Companies Act, 1956 deals with the conclusiveness of the certificate of incorporation. It provides that “A certificate of incorporation given by the Registrar in respect of any association shall be conclusive evidence that all the requirements of this Act have been complied with in respect of registration and matters precedent and incidental thereto, and that the association is a company authorised to be registered and duly registered under this Act.”