Incorporation of Pvt. Ltd. Company as per Companies Act 2013
Incorporation of Company in India. Incorporation of Pvt. Ltd. Company as per Companies Act 2013. Registration of Company in India. Procedure to incorporation of PVT LTD Company in India. Find Complete procedure for Incorporation of Pvt. Ltd Company In India and Per New Companies Act 2013. Following is the small note on documents and details required and forms needs to be filed for Incorporation of Private Limited Company as per Companies Act, 2013 and its rules.
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(It is to be ensured that each person who is proposed to become Director in proposed company shall have DIN)
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Incorporation of Pvt. Ltd. Company as per Companies Act 2013
Details Required For Company Incorporation
PRELIMINARY DETAILS:-
| AUTHORIZED SHARE CAPITAL | |
| NO.OF DIRECTORS | |
| NO.OF SHARE HOLDERS | |
| PLACE OF REGISTER OFFICE ADDRESS |
OTHER DETAILS
| PARTICULARS | FORM | DOCUMENTS REQUIRED |
| Pan Application(If the Director did not hold PAN CARD at the time of Incorporation) | PAN APPLICATION FORM |
|
| Digital Signature (If Not Available) | DSC APPLICATION FORM |
|
| Director Identification Number (If Not Available) | FORM DIR-3 |
|
| Application For Name | FORM INC-1 |
|
| Other Details |
|
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Brief Procedure for Company Incorporation In India
| S.No. | Procedure | Detail |
| 1 | Obtain Digital Signature Certificate (DSC) | Obtain a Digital Signature Certificate from authorized DSC issuing authority. |
| 2 | Obtain Director Identification No. (DIN) [S.153] | Make Application in Form DIR-3 [Rule 9 of Chapter XI Rules] |
| 3 | Register DSC in the name of Director on MCA portal | |
| 4 | Apply for Reservation of Name [S.4(4)] | Application in Form No. INC.1 [Rule 9]. The same shall be reserved for a period of 60 days |
| 5 | Drafting and Printing of Memorandum and Articles of Asociation | |
| 6
| Filing of INC -7, DIR 12 & INC 22Adoption of Memorandum of Association [S.4(6)]Adoption of Articles of Association [S.5(6)] | Discussed Later
|
| 7 | Commencement of business [S.11] | Mandatory to file Declaration with ROC in Form No. INC.21 [Rule 24] |
| 8 | Registered Office [S.12] | A company shall have a registered office within 15 days of Incorporation and it shall file Form No.INC.22 [Rule 25] to verify the same |
Obtain Director identification number (DIN)
Obtain director identification number (DIN) online from the Ministry of Corporate Affairs portal (National)
The applicant is required to fill out and submit Form DIN-3 to obtain the provisional DIN. This form is available online on the Ministry of Corporate Affairs 21st Century (MCA 21) portal (www.mca.gov.in). Check More details for DIN from Below checklist…
Step by Step guide for apply DIN
Obtain Digital Signature Certificate
Obtain digital signature certificate online from private agency authorized by the Ministry of Corporate Affairs (National)
To use the new electronic filing system under MCA 21, the applicant must obtain a Class-II Digital Signature Certificate (DSC). The DSC can be obtained from six private agencies authorized by the Ministry of Corporate Affairs (MCA 21). After the DSC is obtained, it must be registered on the MCA portal before it can be affixed on any e-form. Once the Director has obtained the provisional DIN online, DSC may be obtained while the provisional DIN is being registered.
Register DSC
Third step is to register DSC of the person authorized to sign E-forms on MCA21 or click on the link . Role check for Indian companies is to be implemented in the MCA application. Role check can be performed only after the signatories have registered their Digital signature certificates (DSC) with MCA.
http://www.mca.gov.in/MinistryV2/registerdsc.html
1. Reservation of Name
Application for reservation of name shall be filed in Form No INC.1. In this application, optional
names can be quoted. While finalizing these names, the following issues needs to be considered.
Name should contain three parts like;
a. First Part – Prefix (a unique name or brand name e.g. Reliance, Tata, Mahindra etc)
b. Second Part – Activity (business activity e.g. Industries, Motors, Chemicals etc)
c. Third Part – Status (Private Limited)
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2. Application of Incorporation
Once the name is approved by ROC, an application for incorporation shall be filed with RoC in Form No INC-7
Following documents or details shall be submitted or provided alongwith Form No INC-7
- a. Memorandum and Article of Association (please refer Note 1 for details)
- b. Declaration from Practicing Professional (CS or CA or CMA) in Form INC-8 stating that all the requirement of the act and rules has been complied with
- c. An affidavit from each subscriber and from each First director, if any, in Form No INC 9
- d. Address for correspondence till its registered office is established
- e. Particulars of subscribers alongwith their proof of identity (please refer Note 2 for details)
- f. Particulars of First Director, if any, alongwith their proof of identity (please refer Note 2 for details)
- g. Particulars of interest of First Directors in other firms or body corporate alongwith their Consent to as Director shall be in Form No DIR 12
- h. Specimen signature and photo duly verified by banker or notary [/tie_list]
| Note 1:Memorandum and Article of Association MoA and AoA shall be signed by each subscriber who shall add his name, address, description and Note 2: Following particulars to be given for subscriber and first directors Details – Name and recent photo affixed and scan with AOA and MOA Proof of Identity Indian National: PAN Card (mandatory) and any one of (Voters’ Id, Passport, Driving License, Aadhar Proof of residence Bank Statement/Electricity Telephone/Mobile Bill (shall not be more than Two months old) |
3. Certificate of Incorporation
The RoC on the basis of Documents and information filled by applicant issue a Certificate of Incorporation and it shall allot Corporate Identity Number (CIN)
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4. Commencement of Business
Company having share capital shall not commence any business or exercise any borrowing powers unless
Declaration shall be filed in Form No INC 21 by a Director and the content of the form shall be verified by Practising Professional (CS/CA/CWA) stating that every subscriber has paid the value of shares agreed to be taken and paid up capital is not less than statutory limit; and
Following documents needs to be attached with the Form No INC 22
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Registered document of the title in name of Company; or
- Notarised copy of Lease/rent agreement along with rent paid receipt (Rent receipt shall not be older than 1 month); or
- Authorisation from Owner to Company along with proof of ownership for use of premises as Registered Office (NOC can be submitted for this); and
- Proof of evidence of any utility service like gas, electricity, telephone etc. in the name of owner (not older than 2 months)
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