Steps for incorporation of a company under new Companies Act

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By CS Binit Thakur  

Step-1:

Allotment of Director Identification Number (DIN)

An application has to be made with the Ministry of Corporate Affairs, DIN cell, New Delhi, electronically, in form no. DIR-3, for application for allotment of DIN.

Document required:

  • Recent passport size colour photograph
  • Certified copy of PAN
  • Certified copy of Address Proof. I.e. driving license/passport/UID
  • Digital Signature Certificate (DSC)*

*DSC:

Documents required for preparation of DSC is same as mentioned above in step-1, except point 1.4.

Information required:

  • Education details
  • Occupation
  • Phone No.
  • Mail id.
  • Place of Birth

Fees: Rs. 500/- for each DIN

Step-2:

Application for reservation of name:

An application for reservation of name of the Company has to file with Ministry of Corporate Affairs, electronically in form INC-1. We can apply for a maximum of six names’ (option) in a single form according to the preference of name.

Basic requirement for filing INC-1:

a. Detail of proposed first director’s i.e. DIN, Minimum 2 director required

b. Detail of proposed promoter/subscriber

c. Object of the proposed Company

Fees for filing INC-1 is Rs. 1,000/-.

Step-3:

Filing of forms for Incorporation of Company:

INC-7 – filing for Incorporation

Documents required for filing INC-7

1. POA/Declaration by a practising CS/CMA/CA in INC-8, in Non-judicial stamp paper of Rs. 10

2. Affidavit by each Directors/Subscriber in INC-9, in Non-judicial stamp paper of Rs. 10

3. Declaration by each Director/Subscriber to the Memorandum of the Company in INC-10, in Non-judicial stamp paper of Rs. 10

4. Memorandum of Association of the Proposed Company

5. Article of Association of the Proposed Company

6. Residential proof -Certified copy of utility bill i.e. Electricity bill/gas bill/telephone bill of the present address of the promoters. (Duration of stay at present address)

7. Identity Proof – Driving license/passport/UID

DIR-12 – filing for 1st Directors

Documents required for filing DIR-12

  • Declaration by the proposed Directors in form DIR-2
  • Resident Proof
  • Identity proof
  • Affidavit by each Directors/Subscriber in INC-9, in Non-judicial stamp paper of Rs. 10

INC-22- filing for address of registered office of the Company

Documents required for filing INC-22

1. Proof of registered office address i.e. Conveyance/Lease deed/Rent Agreement along with the rent receipts

2. Utility bill of that address not older than two months

3. Mutation Copy

4. NOC for use of the property is the same owned by any proposed director

Filing fees for INC-7, DIR-12 and INC-22 depends upon the Authorised Capital of the proposed Company, for Rs. 1,00,000/- Authorised Capital Company, filing fees will be 2,800 + stamp duty /-.

NOTE: All documents should be certified by a practising professional manually and e-forms by their Digital Signature.

After getting Incorporation Certificate in Hand, Company have to apply for a PAN, Trade License and Bank Account, etc……………….!

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