How to form a company? 1. Obtain a Digital Signature Certificate from an authorized DSC issuing authority. 2. Obtain Director Identification Number (DIN) by making an application in Form DIR-3. Incase of Indian National a) Identity proof- copy of PAN Card (Income Tax Permanent Identification Number (PAN) is mandatory in case of Indian origin and in such cases applicant details should be as per Income Tax PAN) b) Address proof- copy of Passport or Election/ Voter ID or Ration Card or Driving License or Electricity/ Telephone (Utilities) bill or AADHAR Card. All these should be in the name of the applicant only, and not older than 2 months from the date of filing the e-form c) Passport size photograph(latest) d) Current occupation e) Email address of the applicant f) Mobile/cell number g) Educational qualification h) Verification to be signed by the applicant In case of Foreign National a) Identity proof- copy of passport (mandatory) b) Address proof- address proof should not be older than 1 year from the date of filing the e-form. c) Current occupation d) Email address of the applicant e) Mobile/cell number f) Educational qualification g) Verification to be signed by the applicant. Important notes: • All the documents require “self-attestation”. • In case, the director is residing outside India, the attached supporting documents should be attested by the Consulate of the Indian Embassy, Foreign Public Notary. The documents can also be attested by Company Secretary in full employment/ CEO/ Managing Director of the Indian company in which he/she proposed to be a director. • DIR shall be digitally signed by the same person i.e., applicant who is filing the application and either of the following: a) Company secretary (in whole time practice) or a Chartered Accountant (in whole time practice) or Cost Accountant (in whole time practice) b) Company secretary in full employment or Director of the company in which the applicant is to be appointed as a director. 3. Register DSC in the name of the director on MCA Portal. 4. Apply for reservation of name- Apply in Form No. INC.1 [Rule 9]. The fee for seeking a name approval is Rs.1000/- as prescribed and 60 days are allowed for incorporating the company. The name should not be undesirable i.e.; identical, resembling, restricted or prohibited. 5. The same shall be reserved for a period of 60days. 6. Adoption of Memorandum of Association – MOA shall be in respective form as prescribed in Table A,B,C,D and E of Schedule I as may be applicable. File with ROC Form No. INC 7 alongwith a) The Memorandum and Articles of the company duly signed by all subscribers. b) A declaration in Form No. INC 8 by an advocate or Practicing Professional (CA, CS, CA) who is engaged in the incorporation compiled with. c) An affidavit in Form No INC 9 from each subscriber. 7. Application for Incorporation of Companies After obtaining availability of name, applicants should file FormNo.INC-7 for other than OPC and in Form No. INC-2 (for OPC) with Jurisdictional Registrar of Companies (ROC) along with required information in attachments and along with prescribed fee. 8. Particulars of first directors of the company and their consent to act as such- The particulars of first directors of the company and his interest in other firms or bodies corporate along with his consent (Form DIR.2) to act as director of the company shall be filed in Form No.DIR.12 along with the prescribed fee. 9. Payment of fee: While uploading various documents, prescribed fees can be paid online including stamp duty for MOA. 10. Certificate of incorporation- After the RoC is satisfied that all documents and information which is required has been filed in the prescribed manner and along with prescribed fee, the Certificate of Incorporation shall be issued by the Registrar in Form No. INC-11. The Registrar on the basis of the documents and information shall register all the documents in the register and issue a Certificate of Incorporation in a prescribed form that the company is incorporated under this Act. On and from the date mentioned in the Certificate of Incorporation, the Registrar shall allot to the company a Corporate Identity Number (CIN), which shall be distinct identity for the company. The company has to maintain and preserve at its registered office copies of all documents and information as originally filed till its dissolution.
Posted on: Mon, 21 Jul 2014 09:11:22 +0000
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