Incorporation of Companies

Sahil Bhardwaj: 29-Jun-2015

Registrar of Companies ?

CG – Central Government RoC – Registrar of Companies DIN – Director Identification Number MCA – Ministry of Corporate Affairs DSC – Digital Signature Certificate

Abbreviations Used

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Windows 2000 or later Internet Explorer v6.0 and above or

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later JRE (Java Runtime Environment)

version 8 update25 pop-ups are enabled Add MCA21 portal in list of trusted site

s. Open the browser Choose Tools>>Internet Options. Click 'Security' tab and select 'Trusted Sites‘. Click on 'Sites' button. Enter the url of the site 'http://www.mca.gov.in' in

the textbox under 'Add this Web site to the zone :' and click ' Add' button.

Click 'OK' button. Reopen the browser window

Appointed by CG under section 396 of The Companies Act 2013

RoC is responsible for registration of companies falling in his jurisdiction.

Ensures that such registered companies comply with the provisions under the Act.

In short, RoC Deals with the administration of the Companies Act,2013.

He also acts as a Registry of Records

RoC

Incorporation of a Company

Obtain DSC And DIN

Checking Availability of Name

Preparing MoA and AoA

Application for Incorporation

Certificate of Incorporation

1. Issued by MCA (Unique identification number ) to person who wants to become director

2. Relevant Form – DIR 33. Attachments (Self Attested):

Proof of Identity Proof of Residence Affidavit in Form DIR-4

DIN(Director Identification Number)

DSC is digital Equivalent of physical signatures(As per IT Act)

DSC is mandatory for electronic submission of forms by MCA.

Documents Required Duly filled DSC Application Form Proof of Identity Proof of Residence

DSC (Digital Signature Certificate)

Provide 6 required names in order of preference (with meanings of coined word)

Relevant MCA Form – INC 1Names requested must not be undesirable as per Companies (Incorporation) Rules, 2014

Name validity: 60 Days

Name Availability

Certificate of Incorporation

DIR-12

INC-22INC-7

Application for Incorporation

Fees : Calculated on the basis of authorised share capital

SRN of the form INC-1 is required Attachments

MoAAoAINC-8 (Declaration by a Professional)INC-10 (For Verification for signatures of subscriber)INC-9 (Affidavit by each of the subscriber to the

memorandum)Residential and Identity ProofPAN Card (Indian national)Affidavit for MoA

INC-7

INC-22(Notice of situation of

Registered office)

DIR-12(Appointment of directors of

the Co.)

1.To be Filed along with INC-72.Attachment:

1. To be filed with along with INC-72.Attachments

Proof of ResidenceNOC by the owner of the

propertyCopies of the utility Bills List of companies having same

address

Consent from director in DIR-2 Interest in other Entities if

such entities are more than one

AffidavitDeclaration in form INC-9

3. SRN Required of INC-1 3. SRN Required of INC-1

Doesn’t support the objects of the company

Illegibility of attachments

Mis-match address - utility bills with other documents

Attestation or Notary – foreign subscriber

Common Reasons for rejection by RoC

After getting done with these things, the result will be…..

Don’t Worry Much There is a Shorter and Smarter Way

Also…

1. Not for sec-8 companies2. DSC of 1 director is required3. Dir. Cum subscriber detail

a) Having DINb) No DIN – fill

Personal details PAN (Indian)/ Passport (foreigner) Email Address

4. Name of the company (only one with coined word)

Incorporation by INC-29 (All in One)

4. Attachments : MoA AoA Declaration by 1st Director. Proof of office address (same as earlier) Utility bill Identity proof – subs. Residence proof – subs. PAN (Indian)/ Passport (foreigner)

5. Digitally signed by 1 Subscriber6. Declaration & Signed by professional

(CA/ CS/ CMA/ Advocate)

Incorporation by INC-29 (All in One)

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