incoporation of company

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Incorporation of a Company:-

You can incorporate a company online by using website of MCA

i.e. http://www.mca.gov.in/MCA21/RegisterNewComp.html .

Incorporation of a company using website of mca is so simple

Minimum 2 Directors:- As per Section 149(3) of the Companies Act ,

2013 (Implemented with effect from 01.04.2014), Every Company

shall have at least one director on its board of directors, who have

stayed in India for a total period of not less then one hundred and

eighty two (182) days in previous calendar year

At least One

Director

Stay in

Minimum 2 shareholders

The Director and shareholder can be same person

Minimum Share Capital shall be Rs 100,000 (INR One

Lac.)

Applications of allotment Director Identification

Number (DIN) for all the Directors

DSC (Digital Signature Certificate ) for two Directors

Step 1. Application for Director Identification Number (DIN) in form DIR-

3 & DSC

Documents required for DIR-3 Application

In case of Indian National

Identity Proof:- Copy of PAN card is mandatory in case of Indian

national

Address Proof:- Copy of Passport or Election/Voter ID or Ration Card or

DL (address having pin code) or the electricity/Telephone Bill or Aadhar

card. All this should be in the “Name of Applicant” only and it should

not be older then 2 months form the date of filling the eform

Passport size photograph (latest) : 1 photocopy or

a soft copy in (.jpeg format)

Current occupation

Email address of the applicant

Mobile/Cell number

Educational Qualification

Verification to be signed by the applicant (See

the attachment )

In case of foreign national

Identity Proof : Copy of passport

(mandatory)

Address Proof: Address proof should not

be older then 1 year from the date of

filling the eform.

Passport Size Photograph (latest): 1

photocopy or soft copy (in .jpeg format)

Current occupation

Email address of the applicant

Mobile/Cell number

Educational Qualification

Verification to be signed by the

applicant (See the attachment )

Document required for obtaining a

DSC :-

DSC application form (duly signed by

an applicant). An applicant is

required to sign across the photo

All other documents are same as

required in DIR-3 Application.

Digital Signature Certificate (DSC) is the digital equivalent (i.e. electronic

format) of physical or paper certificates

The promoters have to

provide at least 6

names in the order of

their preference. The

promoters can

themselves search for

the availability of the

names.

Promoter can

search the

availability of

name

After drafting main object of the proposed company, need to file e-

form INC-1 (Application for reservation name ) with registrar of

companies for name availability .

Need

to Give

6 proposed names

in preference

along with their

Meaning and

Significance of

the word.

Note:-

Refer the “Undesirable Name” rules from the Companies (Incorporation

)Rules,2014

Also refer MCA genral circular for the use of name of “National, Bank,

exchange and Stock exchange.

What is MOA???

MOA Cover fundamental provisions of the company’s, constitution. It cover

main object and other objects of Company, it is divided into eight part as

mentioned below

What is AOA???

AOA is contains rules and regulations governing the internal management

of the company. It is a binding contract between company and its members

and members and among themselves defining their right and duties.

Form INC-7

For application of incorporation of company

Mandatory attachment in e-form INC-7 Optional attachment in e-form INC-7

MOA

AOA

Declaration by professional in

INC-8

Affidavit from the subscriber to

the memorandum in Form INC-9

Address Proof

Identity Proof

Verification of Signature of

Subscribers

It is mandatory to attach

entrenched AOA if any of articles

are entrenched

Copy of in principle approval

granted by Reserve bank of India

NOC in case there is change in

promoters

Proof of Nationality of any

subscriber is a foreign national

PAN Card (in case of Indian

national)

Copy of certificate of COI of the

foreign body and proof of

registered office address

Certified true copy of Board

resolution/consent by all the

partners authorities to subscribe

to MOA

Form INC-22

For notice of situation of registered office

Attachments to be e-form INC-22

Proof of registered office address

(Conveyance/Lease deed/ Rent agreement

along with the rent receipts

No objection certificate or permission to

use

Certification of e-form INC-22 by

CS/CA/CWA ( In whole time practice)

Form DIR-12

For Providing information about particles of appointment of Directors of

the Company and Key Managerial Personnel

Attachments to be e-form DIR-12

Following are the Mandatory attachment in

case of an appointment of a

Director/Manager/ CS/CEO/CFO.

Letter of Appointment

Declaration by first director in Form INC-9

Declaration of the appointee Director, MD

in form DIR-2.

After filling of documents online, we need to make payment of ROC fees

and stamp Duty electronically, which is based upon the authorized

capital of the company

Refer attached fees schedule for ROC fees and Stamp Duty

After of payment of all ROC fees and Stamp duties, ROC verifies/

scurutinises all the documents and forms and may suggest few changes

to be made in attachment or form itself. We need to make necessary

changes accordingly

Once all the forms are duly approved by ROC, the digitally signed “

Certificate of Incorporation “ is emailed to the directors