Checklist for Company Incorporation in India – Latest
Pre – Requirements
Procedural Compliance
• Decide Name of Promoters/ Directors • Name of subscribers • DIN No. of Directors ( if not, then apply) • Share capital
Required from Applicant / Client
• Name of Promoters/ Directors • Name of subscribers(if different from Directors) • DIN No. of Directors ( if not, then apply) • Share capital
DIR-3
Procedural Compliance Make Application for DIN Number & Apply for DSC Attachments
Identity Proof :PAN Card Mandatory (self Attested & to be attested by a professional duly mentioning his name, designation & membership number)Address Proof – Utiity Bill i.e. Electricity Bill/ Telephone Bill/ Mobile Bill/Gas Bill (not older than 2 months)check (self Attested & to be attested by a professional duly mentioning his name, designation & membership number)
Form INC- 1
Check availability of name at MCA site & also Name should not be registered under Trade markProvide 6 Names for the CompanyDecide the business activity to be carried out by the company on incorporation
ROC Will Issue Name Approval Certificate
File Form INC-7
Application for Incorporation Within 60 Days of Filing form for name approval Attachments
MOA & AOA along with Subscriber Sheet (Hand Written by each partners (along with Name , Father’s Name, Address, Occupation)& Witness (along with Name, Fathers Name, Address, Membership No.) + Photographs of SubscribersDeclaration from a Professional engaged in the formation of company (form INC-8) [ Each On Rs. 10/- Stamp Paper- Duly Notarised]Affidavit from each subscriber (form INC-9) [ Each On Rs. 10/- Stamp Paper- Duly Notarised ]Specimen Signature of subscriber with latest photograph duly verified by the banker or notary from each Subscriber (Form INC-10)Declaration from promoters/ Directors regarding the non-acceptance of deposits by each [Each On Rs. 10/- Stamp Paper- Duly Notarised ]Self Attested Proof of identity of individual subscriber (Passport, Voters Id, Drivers License, Aadhar card)Self attested PAN Card copy of eachSelf Attested Proof of residential address of individual subscriber (Bank Statements, telephone/Mobile bill, electricity bill not older than 2 Months )
Required from Applicant / Client
• Address for correspondence of the company • Photographs of each subscriber • Area of Occuaption • Eduactional Qualification • Place of Birth • Permanent residential Address details • Whether Present and permanent address are same • Duration of Stay(Number of years) at present address [If, stay is less than 1 Year then address for previous residence] • Phone Numbers • E-mail Id of the each Director • Proof of Identity as specifically mentioned -Self Attested • Proof of Address as specifically mentioned – Self Attested • PAN Card Copy – Self Attested • Subscriber sheet – filled in their own Hand Writing • Number of shares subscribed by the each • Interest in other entities, If any (Directorship + Shareholding including no. of shares in other Companies ) *(INC-9, INC-10 ,Affidavit Decalartion shall be sent for signature & get notarired once draft is prepared)
File Form INC-22
Notice for Situation of Registered Office (Within 30days of incorporation if not filed with INC-7 & DIR-12)
Address for the registered officeIf, taken on lease – then provide Rent agreement + rent ReceiptIf, Not taken on lease- NOC from the Owner of the Property + Proof of ownership i.e. Conveyance deed)Proof of Registered office address: Utility Bills (Electricity Bill/ Mobile Bill/ Telephone Bill/ Bank Statement Not older than 2 months )
File Form DIR- 12
Particulars for appointment of Director Attachment • DIR- 2 Consent to Act as Director • Proof of Address – Self Attested (as Attached in INC-7) • PAN Card Copy – Self Attested • INC-9 (as attached in INC-7) • Declaration of Non Acceptance of Deposit (as attached in INC – 7) In case where foreigners /NRI are promoters/directors :
Atleast one director is required who is resident in India in the previous year.All docs must be attested from Indian Embassy and Notorised from his country.
Company Incorporation With INC 29
Note : Further Now Company can be incorporated by 1 integrated Form INC-29 for which same documents shall be required to be attached in the Form. Name for the Company Only one name can be provided while using INC Form 29. Therefore, it is important that the name provided be strictly in accordance with the Guidelines for Naming a Company, as per Companies Act, 2013. In case the proposed name is not accepted while using Form INC-29, then the application would be rejected and many of the incorporation documents would have to be freshly prepared. The following are important points to be kept in mind while applying for name using Form INC-29:
- Is the proposed company name provided as per Companies Act, 2013 in the correct format? 2. Are any of the subscribers carrying on business in the same name with a Proprietorship or Partnership? 3. Does the proposed company name contain name of any blood relative? 4. Does the proposed company name require any approval from Sectoral Regulator like RBI or SEBI or others? 5. Is the proposed company name identical or similar to an existing company name or LLP name of foreign company name? 6. Is the proposed company name identical or similar to a filed or registered trademark? DIN In case there are any Director cum Subscriber who does not have DIN, then the DIN application can be made in the Form INC-29 itself Prepared by : kailash sharma B.com Semi Qualified Chartered Accountant (ICAI) (M) 8285128633 | Email : kailashlegal2013@gmail.com Recommended Articles
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