Friday, October 09, 2015

Checklist for Incorporation of Company




Step-1

1.Obtaining Directors Identification Number (DIN) 

Checklist for Obtaining DIN (If Applicant does not have the DIN)

  1. Signed copy of PAN 
  2. Signed copy of Address Proof 
  3. Color Photograph 
  4. Area of Occupation (Self employed, Professional, home maker, Student, Serviceman) 
  5. Educational Qualification Certificate 
  6. Email address 
  7. Mobile number 
  8. Place of birth 

Note: - For Obtaining DIN applicant must have the Digital Signature.

For obtaining Digital Signature following documents are required:-

  1. Signed original application 
  2. One color photograph of the applicant 
  3. Photograph should be crossed signed on the application 
  4. Signed copy of PAN 
  5. Signed copy of Address proof 
  6. Email 
  7. Mobile number 

Step-2
(Selecting a name)

  1. The promoter under a proposed name shall make an application for Reservation of name in Form INC-1 to Registrar of Companies of the state in which registered office of company is proposed to be situated. 
  2. Applicant is required to give 6 alternative names to the registrar. 
  3. The proposed name shall not be Identical/ similar to the name of a Company already exist. 
  4. The proposed name shall not be registered in the Trade marks 
  5. If the proposed name contains name of any other person than promoters or their close blood relatives then NO Objection Certificate from that other person would be required. 
  6. If the proposed name includes name of the relatives then proof of relation would be required. 
  7. Minimum 2 Directors in case of a private company and 3 in case of a Public Limited company. 

Registrar after examining all the documents may reserve the name of the Proposed Company which will be valid for 60 days from the date of application.


Step-3 
(Filing of various Documents after getting the Name Approval)

An Application shall be filed, with the Registrar within whose jurisdiction the registered office of the company is proposed to be situated, in Form INC-7 for Incorporation of Company

Form INC-7 is required to be filed for Incorporation of the Company

Section 7 (1):
Following documents and information to be filed with the Registrar within whose jurisdiction the registered office of a company is proposed to be situated, namely:

  • The MOA & AOA duly signed by all the subscribers to the memorandum. 
  • A declaration in form INC-8 to be filed by an advocate, a chartered accountant, cost accountant or company secretary in practice, who is engaged in the formation of the company on Rs. 10 stamp paper duly notarized. 
  • An affidavit in  form INC-9 from each of the subscribers to the memorandum and from persons named as the first directors on Rs. 10 stamp paper duly notarized. 
  • Verification of Signature of Subscribers in  Form INC-10. 
  • The address for correspondence till its registered office is established. 
  • The particulars of name, including surname or family name, residential address, nationality and such other particulars of every subscriber to the memorandum along with proof of identity, as may be prescribed. 
  • Number of shares Subscribed by each Subscriber. 
  • The particulars of the persons mentioned in the articles as the first directors of the company, their names, including surnames or family names, the Director Identification Number, residential address, nationality and such other particulars including proof of identity as may be prescribed. 
  • The particulars of the interests of the first directors of the company in, other firms or bodies corporate along with their Consent to act as a Director of the company in  Form DIR-2. 

(2) The Registrar on the basis of documents and information filed under sub-section (1) shall register all the documents and information referred to in that subsection in the register and issues a certificate of incorporation in the prescribed form to the effect that the proposed company is incorporated under this Act. 

(3) On and from the date mentioned in the certificate of incorporation issued under subsection(2), the Registrar shall allot to the company a corporate identity number, which shall be a distinct identity for the company and which shall also be included in the certificate. 
(4)Form INC-7 to be filed within sixty days from the date of application of reservation of name in Form INC-1 

Step-4
(Filing of Form INC -22)

1) Verification of Registered office to be filed in Form INC-22 with Registrar within 30 days from the date of incorporation.
Any of the following documents shall be attached along with the form, namely -

  • The registered document of the title of the premises of the registered office in the name of The Company. 
  • the notarized copy of lease / rent agreement in the name of the company along with a copy of rent paid receipt not older than one month, if any. 
  • The authorization from the owner or authorized occupant of the premises along with proof of ownership or occupancy authorization, to use the premises by the company as its registered office, if any. 
  • The proof of evidence of any utility service like telephone, gas, electricity, etc. depicting the address of the premises in the name of the owner or document, as the case may be, which is not older than two months.

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