One person comapany formation in jaipur/india as per companies

act 2013-Khanna & Associates

All you Need to Know

KHANNA & ASSOCIATES is a 70 year old taxation lawyer and chartered accountant

firm .It includes Company Secretary , MBA s, Taxation Lawyers and Chartered

Accountant. We are an international law firm . We provide various services legal to

finance.

we provide the formation, Promotion ,Incorporation ,management and post-incorporation

compliance services for LLP/Private/Public/Wos/Ngos/Non-profit offshore and onshore

companies.

INC-29 Company Registration Process in India:

Company registration is broadly a three-stage process with the new INC-29 form. If you follow

the correct method and waste no time, you could have the incorporation certificate within 14

working days. But always be prepared for a longer wait, particularly if the Registrar of

Companies (RoC) has a heavy workload at the time or your proposed company’s name is

rejected on first attempt. A detailed explanation of the procedure now follows, along with

expected timelines and charges involved. We’ve also answered FAQs and suggested best

practices for your application; however, if you still have questions, do leave a comment and

we’ll get back to you as soon as we can.

1. Obtaining Digital Signature Certificate (DSC)

Time to Complete: 2 to 4 days

Cost: Rs. 1500

As a company incorporation is now done online, one of your company’s directors’ signatures

will be needed on all the electronic documents. To make this possible, he/she would need a

Class-II Digital Signature Certificate (DSC). This is available from a vendor of any one of the

six Certifying Authorities appointed by the Ministry Of Corporate Affairs , including Tata

Consultancy Services, nCode and e-Mudhra. The rates of their vendors could differ vastly.

Charges would include the cost of the physical USB token on which the certificate is stored.

What you need to submit:

1. Hard copy of completed Class-II form

2. Identity Proof: Copy of PAN card or, in case of foreign national, copy of Passport

3. Address Proof: Copy of (any one) Passport/Election/Voter ID/Ration Card/Driver’s

License/Utilities Bill/AADHAR Card. If the Utilities Bill (Gas/Telephone) is submitted, it

should be in the name of the Applicant and no older than two months from the filing of the form

(12 months, in case of foreign national)

Note: Do note that resident Indians should self-attest their documents. NRIs and foreign

nationals would need to have their documents notarised if they live in a non-Commonwealth

country or apostilled if they live in a Commonwealth country.

Common Reasons for Rejection of DSC

The following minor mistakes can cause a delay in your application:

Abbreviating names: Do not abbreviate directors’ names, regardless of what is mentioned in the

ID/Address proof

Spelling mistakes: Errors in the name are completely unacceptable

Old bills: Always provide the latest utilities bill. Also, it needs to be in the applicant’s name

Prefixes: Do not prefix Mr./Mrs/Shri., etc

2. Search for Company Name Availability

Time to Complete: 1 to 2 days (simultaneous with DSC application)

You don’t need to wait for the DSC to begin this process. In fact, given how tricky it can be, it’s

best that you start it as soon as you apply for DSC. The reasons are that the INC-29 only allows

you to propose one company name and the MCA is very picky about the ones it approves. So the

name you’ve hoped to get for your company. Here is where you can find out all the guideline for

naming of company.

3. Drafting of MoA & AoA

Time to Complete: 2 days

Once the name is approved, the MCA requires further definition of the proposed company. These

will be provided through the Memorandum of Association (MoA) and Articles of Association

(AoA), which can be drafted by a CS or lawyer. Both need to be self-attested.

4. Getting Documents in Order

Time to Complete: 2 days

The INC-29 that we’ll talk about in the next step is an 8-page form. Along with it, you’ll need to

submit several documents. As it can take up to 10 for approval and resubmission is allowed only

once, it’s worth taking two days to get all the documents in order. Here are all the documents and

information you need ready:

a. DIN Application: Up to three directors may apply for the Director Information Number

(DIN). To apply, you need a scanned copy of a Passport-sized photograph, the PAN card

(Passport in case of foreign national), soft copy of Driver’s License/Voter ID/Latest Utilities

Bill. Indian nationals would have to self-attest these documents. Foreign nationals residing in

commonwealth countries would need them apostilled, while those in commonwealth nations can

have them notarised. If your company has more than 3 directors without DINs, you would need

to provide their details and apply for DINs separately (DSCs would also be required).

b. Name Approval: You need to have settled on a name for your company and describe its

significance and main objects in a single line.

c. MoA & AoA: Memorandum and Articles of Association, which would also contain the main

objects of your business. To the MoA, you would need to attach an affidavit from all subscribers

in Form INC-9.

d. Registered Office Verification: As part of the filing, you will need to provide details about

the registered office address. For this, you would need to provide a copy of the latest utility bill

for the office address, a copy of the Rental Agreement along with an NoC from the owner (if

rented property) and sale deed (if property is owned). Go here for the full list of documents

required for company registration.

e. Appointment Letters and Declarations: Letters of appointment of directors, CEO,

managers, declaration by first director in INC-9, and declararion by appointee director and

managing director in Form DIR-2. All of these would need to be self-attested. A Company

Secretary would also need to give a declaration toward the proposed company verifying the

authenticity of the declarations.

5. Filing of INC-29

Time to Complete: 1 day

Cost: Rs. 2,000 + authorised capital fee + stamp duty

The form needs to be filed very carefully because you only get one opportunity to res umbit it.

So let’s say your form is found to have five errors by the RoC, but you only correct three of

them, the RoC will reject your form and you would have to pay the filing fees again and go

through immense trouble to get a refund on the government fees and the stamp duty. This is why

you have to ensure your documents are in order.

Once you file the form RoC fees and stamp duty will need to be paid electronically. RoC fees

change according to authorised acapital and the stamp duty varies by location. In certain states,

such as Punjab and Kerala, it is costlier than in others. You can calculate the fees to be paid on

the MCA website .

6. Verification by RoC & Issue of Certificate of

Incorporation

Time to Complete: 2 to 8 working days

Cost: n/a

The RoC will verify the documents. If any changes are needed, you will be notified of the

required changes. If it’s all clear, you shall receive the certificate of incorporation within seven

to eight working days. It will be e-mailed to the directors. The MCA now only issues digital

certificates. You can print out the incorporation certificate if you wish.

7. Obtaining PAN and TAN

Time to Complete: 21 working days

The Income Tax Act, 1961, requires each company to quote a registered Permanent Account

Number and Tax Account Number.

The procedure is as follows:

1. Go to the NSDL website and fill in the application for PAN and TAN. 2. On payment, you

will receive an acknowledgement letter for each.

3. Make two copies of the Certificate of Incorporation.

4. Put the company seal (rubber stamp) and the signature of the director who will be operating

the bank account on each document.

5. Courier the documents and acknowledgement slips for PAN and TAN separately.

6. You should receive hard copies of both within 21 days at the registered office.

Company services include:

Ø Advice, formation and management of companies

Ø Readymade companies

Ø Registered office provision

Ø Annual compliances

Ø Provision of directors and nominee shareholders where required

Ø Accountancy, tax compliance and bookkeeping

Ø Company secretary

Ø Provision of a registered office where required

Ø Bank account services

Ø Trade and treasury services

Ø Payroll and outsourcing services

Ø Virtual office packages

KHANNA & ASSOCIATES is a full service Law Firm handling all legal matters on

Civil, Criminal, Business, Commercial, Corporate, Arbitration , Labor & Service subjects

in law, in all courts as well as Tribunals. An individualized service by members with

decades of experience ensures total satisfaction to the clients.

Contact Us:

· www.khannaandassociates.com

· www.cafirm.khannaandassociates.com

· www.bestdivorcelawyer.in

· www.domesticviolence.co.in

IN-+91-946160007

US-+1-80151-20200

· info@khannaandassociates.com

· cafirm.khannaandassociates@gmail.com

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How to Formation/Incorporation Private/Public Limited Company in jaipur/india as per

Companies act 2013-Khanna & Associates

KHANNA & ASSOCIATES is a 70 year old taxation lawyer and chartered accountant firm .It

includes Company Secretary , MBA s, Taxation Lawyers and Chartered Accountant. We are an

international law firm . We provide various services legal to finance and Corporate .

KHANNA & ASSOCIATES is a full service Law/CA/CS Firm handling all legal and

corporate matters on Civil,Criminal, Business,Promotion,Registration,Formation,Start up,

Establishment Commercial, Corporate, Arbitration , Labor & Service subjects in law, in all

courts as well as Tribunals. An individualized service by members with decades of experience

ensures total satisfaction to the clients.

New Simplified Process of Incorporation of Company

The first thing to take care of under the new Companies Act, 2013 is to follow a changed

procedure for giving birth to a Company. Applicable Sections governing INC-29: 4, 7, 12, 152

and153 of the Companies Act, 2013 along with relevant rules .The Government of India has

notified on1stMay 2015, a new system of incorporation of Private or Public limited company. It

has introduced easy method of incorporating a company without waiting for making name

application for reservation of name by the Registrar of Companies (RoC).

Various methods of forming a Private Limited Company:

A: There are three methods Section 3(1) (a,b,c) in which a Private Limited Company could be

formed

ü A Company limited by shares; or

ü A Company limited by guarantee; or

ü An Unlimited company.

Step Wise Formalities for Formation of A New Company:

Persons desirous of forming a company must adhere to the step by step procedure as discussed

below:—

1. . Selection of type of the company.

2. Selection of name for the proposed company.

3. Apply for Directors Identification Number and Digital Signatures, if does not have

4. Drafting of Memorandum and Articles of Association.

5. Stamping, digitally signing and e-filing of various documents with the Registrar.

6. Payment of Fees.

7. Obtaining Certificate of Incorporation.

8. Obtaining Certificate of Commencement of business (in case of public limited

Companies).

PRE INCORPORATION:

ü At Least 2 Promoters: Promoters who will promote/ incorporate the company. Promoters may

be individual or body corporate.

ü At Least 2 Directors: Directors should be individual only. No Body corporate/ HUF or

Partnership Firm can be appointed as Directors.

ü Generally, in most of the cases, Promoters and Directors are the same in Private Limited

Companies.

ü Directors must have DIN (Directors Identification Number)- Process Given Below:

ü One of such two directors must have DIGITAL SIGNATURE who can apply with any of DSC

Vender i.e. E Mudra/ Siffy/ TCS etc.

After this Process:Process for Name Approval

ü The promoters should apply for the name of the company to be approved with the concerned

ROC of the State where the company has to be formed in E Form- INC- 1 by payment of Rs.

1000 through Credit Card or Net Banking.

ü One of the Promoters should fill up e-form INC-1, digitally sign by Promoter and Professional

and then upload the e-Form on the MCA21 Portal. Before doing so, the following three points

have to be complied with:

o a. All the Promoters should have their DIN No.

o b. Atleast one Promoter should have the DSC. (Class 2 Digital Signature)

o c. The proposed names selected should fall in guidelines prescribed.

ü Info. Require to give in form INC-1 (Describing the Capital of Company, Main Objects, State

In Which The Company is to be Incorporated and to Affix the Digital of Applicant.

ü The reservation by the Registrar of name applied for is valid for 60 days from the date of

application. Hence if a company is proposed to be registered with the said name referred to

above, the promoters shall produce the documents to the Registrar for registration with in a

period of 60 days from the date of application for name. If Promoters fail to file all the relevant

form for incorporation within 60 days, then name will not be Available for you, Promoter have to

file form INC-1 again for approval of Name.

It is possible now by filing e-form INC-29 (single form) with the Registrar of Companies, within

whose jurisdiction the registered office of the company is proposed to be situated. In this article,

we would like to provide a guide for the Key Points and the attachments to forms for this new

system and the complete procedure.

Key points of new form INC-29:

1. No need to apply for DIN of 2’nd director

2. Particulars of maximum three directors can be filed

III. No need to apply for name application (filing of INC-1) separately

1. The promoter or applicant can propose only one name hence name search of proposed

name shall be taken very carefully on MCA site and trade mark site, to avoid rejection or

re-submission of e-form.

2. Only one chance will be given for re- submission of form no.5.

3. need to file forms 7 (incorporation), DIR-12 (appointment of first directors of proposed

company) and INC-22 situation of registered office of company.

VII. In case Directors/Shareholders have DIN, then no need to attach separate address

proof/ID proof.

VIII. Re-submission requires changes in affidavit or declaration including MoA/AoA, hence

applicant or promoter should take utmost care.

1. .The form shall be scrutinized by the Registrar of Companies and will not be approved

through Straight Through Process (i.e. STP).

2. The facility to file INC-29 is optional.One can follow the procedure of application for

DIN, DSC, name application (INC-1) and INC-7,DIR-12 and INC-22.7.

3. The Certificate of incorporation shallbe issued in INC-11.

XII. Facility for using ‘integrated form’ isnot available for incorporating Section 8

companies.

Attachments to e-form INC-29:

1. Memorandum of Association

2. .Articles of Association

III. .Affidavit and declaration by first subscriber(s) and director(s)

1. Proof of office address1.Copies of utility bills that are not older than two months.

2. Approval of the owner of the trademark or the applicant of such trademark for

registration of Trademark (If the proposed name is based on a registered trademark or is

subject matter of an application pending for registration under the Trade Marks Act)

3. .Proof of relation ofthe relative with promoter (If the name of the proposed company

includesthe name of relative(s) of the promoter)

VII. NOC from the sole proprietor/ partners/other associates/ existing company (If the

promoters are carrying on any Partnership firm, sole proprietary or unregistered entity in the

name as applied for)

VIII. NOC from any other person (In case the proposedname contains name of any person

other than the promoter(s) or their close blood relative(s)

1. Copy of certificate of incorporation ofthe foreign body corporate and resolution passed

(If any subscriber to the proposed company is Foreign company and/or company

incorporated outside India)

2. Note: It is optionalto attach Copy of certificate of incorporation, in case the subscriber to

the proposed company is a Body Corporate.1.Resolution passedby promoter of company

if any subscriber to the proposed company is a Company itself.

3. A certified true copy of No objection certificate by way of board resolution (In casethe

name is similar to any existing company, then it is mandatory to attach)

XII. Interest of first director(s) in entities (In case any of the director has any interest inthe

proposed company)

In case of an OPC, itis mandatory to attach following:

ü Consent of nominee

ü Proof of identity and residential address of the nominee

ü Proof of identity and residential address of the subscribers if any one of the subscriber does

not have a DIN1

ü Proof of identity and residential address of such director if any one of the director (including

subscriber cum director) does not have DIN, then it is mandatory to attach proof of ID and

address proof of such director constitute legal advice or legal opinions.

We Provide Following Services :

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services for Proprietor/Enterprenuer :

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Contact Us:

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