incoporation of company
TRANSCRIPT
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