Company Secretary
66 Points
Joined June 2010
The subscribers to Memorandum automatically become members of the company on the date of incorporation by operation of law u/s 41 and their names have to be entered in the register of members. The subscripttion money becomes a debt due from subscribers to the company u/s 36(2). Co. can sue the subscribers for non-payment of the amount.
The form 2 has to be filed u/s 75 on "allotment" of shares. There is no separate application or allotment of shares in the case incorporation and hence Form 2 is not required to be filed.