Steps to incorporate the company. Here I have tried to elaborate the procedure to incorporate the company in 10 simple points. I hope it will be beneficial for readers:- 1) For incorporation of a Private company:- • At least two promoters(Individual or body corporate) • At least two Directors (Only individuals) (In most cases promoters and directors are same) First of all the directors have to apply for Director Identification Number (DIN) in Form DIN 1. Along with DIN 1 following documents are attached • Affidavit of Rs. 10/- • PAN card • Address proof (Driving License, Voter ID, Telephone bill, Electricity bill(Self attested)) DIN 1 is certified by Professional(CA/CS/CWA) that all the documents and photograph of person applying DIN is true. 2) One of the two directors has to apply for Digital Signature with any DSC vendor (E Mudra, Siffy, TCS etc.) There are 7 agencies authorized for issuing Digital Signature Certificate( Details of these agencies are available on the site mca.gov.in ) 3) After that apply for Name of company in Form 1A describing capital of company, main objects of company and the state in which company is to be incorporated. Along with fee of Rs. 1000/- (payment by the way of credit card or net banking). Digital signature of applicant is to be affixed on Form 1A. Maximum 6 name can be applied at once. Registrar approves 1 name from them if available. If all the 6 names are rejected Form 1A have to be filed again along with fee. 4) Next step after name approval is drafting of Memorandum of association (MOA) and Article of association (AOA). MOA has 5 clauses. a) Name clause, b) Registered office clause, c) Main object clause, d) Capital clause and e) Subscriber clause. AOA contains all the by clauses of the company. Name of the first director is mandatory to be given in AOA. 5) These MOA and AOA are followed by the table of subscribers to be signed by the subscriber in their own handwriting in presence of a witness(Subscriber means a person who subscribes for shares at the time of incorporation). Subscribers can pay by cash or cheque. After incorporation of company share certificate is issued to the subscribers. 6) After drafting of MOA and AOA professional service to incorporate the company is to be taken from the CA/CS/CWA. Professional service is mandatory for incorporation of company. E Forms (1, 18, 32) are to be filed and digitally signed by the director and professional providing the service. 7) Following E Forms are to be filed :- • E Form 1- In this form information about a) Authorised and paid up share capital, b) Particulars of Promoters along with information of 2 directors is to be given. Scanned copy of MOA and AOA duly signed is to be attached with this. Directors declares that all the informations given is true to the best extant of his knowledge. • E Form 32- Information about first director is to be given here (i) His email ID, (ii) Designation (i.e. director/ additional director/ Managing Director), (iii) Category (i.e. Promoter/Professional/ Chairman/independent director/Executive director/Non Executive director). Digitally signed by director and professional. A declaration that the director is not disqualified and not offender of court(Optional for private company). • E Form 18- Address of registered office and nearby police station along with address proof is to be given in this form. Form is digitally signed by director. 8) After filing of these form payment of government fee and stamp duty is to be made. Then ROC check the E Forms filed. After checking ROC can approve, disapprove or demand for extra information. Extra information is to be submit in Form 61. If disapproved E Form are to be filed again. 9) When all the E Form are found to be in order and approved by ROC, Certificate of Incorporation is generated and dispatched on Email ID given in E Form. 10) After this Directors gets the MOA and AOA printed and comply all the formalities after the incorporation of the company. Hope this article will serve your purpose
Posted on: Sun, 14 Jul 2013 08:23:33 +0000
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