Incorporation of the company in India governs under the provision of The Indian Companies Act 2013
The very first two steps you need to take are the following:
After this, there are two options to incorporate a new Company.
Option1: Incorporate a new company by filing Form INC-29- Integrated Incorporation Form
If this is the first time you are going to fill an E Form then you need to be aware of certain basic concepts regarding E form.
The process of Incorporation of an LLP requires you to file E forms on the MCA website. For this you will require a Digital Signature. The Information Technology Act, 2000 provides for use of Digital Signatures on the documents submitted in electronic form in order to ensure the security and authenticity of the documents filed electronically. A licensed Certifying Authority (CA) issues the digital signature. You can apply for a DSC from any one of the 8 Certifying Authorities given below.
You will have to submit a photograph of yours along with a self-attested copy of PAN and proof of residence.
Now you should register as a User in the website of Ministry of Corporate Affairs. Registering will enable you to avail services like uploading the E form and making payments thereof etc.
After this you can log in to your MCA account any time you want with the help of your user ID and password.
E Form INC-29 deals with the single application for approval of name of the company, incorporation of a new company and/or application for allotment of DIN.
This E Form is accompanied by supporting documents including details of Directors & subscribers, MoA and AoA etc.
Once the E Form is processed and found complete, company would be registered and CIN would be allocated.
Also DINs gets issued to the proposed Directors who do not have a valid DIN.
Maximum three Directors are allowed for using this integrated form for filing application of allotment of DIN while incorporating a company.
What are the mandatory information required for E form INC 29?
Choose this as per Annexure A
If yes, whether business of such entity shall be acquired
ii. Provide details of Stamp Duty already paid:
The table from the form is given below
After filling up this form it needs to be prescrutinised and uploaded in the MCA website. Thereafter we need to make payment of fees as per Annexure B.
What are the mandatory attachments required in E form INC 29?
After Verification of all the information and documents, you will be granted a Certificate of Incorporation.
Everyone who wishes to become the designated partners of the LLP should acquire a Designated Partner Identification Number (DPIN). All information regarding the Director will be available on the MCA website with the help of this DIN.
You acquire a DIN by filling up Form DIR-3 and uploading it on the MCA website.
You can download the Form DIR -3 from here
What are the mandatory information required to fill up form DIR-3?
What are the attachments required for form DIR-3?
PAN is a mandatory requirement in case of Indian nationals.
Passport is a mandatory requirement in case of foreign nationals
The name of your company should not be identical or too nearly resemble any existing company name.
Upon receipt this application, the Registrar may, on the basis of information and documents furnished along with the application, reserve the name for a period of sixty days from the date of the application.
You can download Form INC-1 from here.
What are the mandatory information required for Form INC-1?
Note: Specify information of one director in case the proposed company is One Person Company or of two directors in case the proposed company is a private company (other than producer company) or of three directors in case the proposed company is a public company or of five directors in case the proposed company is a producer company.
If yes, whether the business of such entity shall be taken over by the proposed Company.
Below is the format:
If yes, Specify class of trademark.
If yes, furnish particulars of trade mark or application and the approval of the applicant or owner of the trademark.
What are the mandatory attachments of Form INC-1?
You are required to file EForm INC-7 for incorporation of Company sixty days from the date of application of reservation of name in E Form INC-1.
You can download the Form from here.
What are the mandatory Information required in form INC-7?
If yes, please enter the date on which in principle approval was granted to it by the Reserve Bank of India or other concerned regulatory authority.
Particulars of these promoters
If less than 1 year, then Previous address
What are the mandatory attachments of Form INC-7?
The company shall furnish to the Registrar verification of its registered office within a period of thirty days of its incorporation.
You can download the Form from here.
What are the mandatory information required in Form INC-22?
What are the mandatory attachments of Form INC-22?
The particulars of each person mentioned in the articles as first director of the company and his interest in other firms or bodies corporate along with his consent to act as director of the company shall be filed in Form No.DIR-12
What are the mandatory information in DIR-12?
What are the mandatory attachments in Form DIR-12?
Basic concepts of filling up an E form.
Pre fill: You can Pre fill the document with the help of CIN or DIN. All relevant information regarding that DIN/CIN will be filled up in the form automatically. Note that you have to enter the DIN/CIN correctly. Also you have to be connected to the internet as the information will be fetched directly from MCA website. This Pre fill option may appear more than once in a form.
Check Form: It will make sure that you have filled up each and every mandatory field in the form. It will point out any field which is left out by giving an error dialogue box. Once the form is filled completely, then a message will be displayed which reads “Form Level prescrutiny Successful”
Modify: This button is used when you want to edit the form after you have done Form level prescrutiny. After modifying the form, you will have to click on Check form once again.
Signature: First you have to attach the Digital Signature of the applicant. Then attach te same of a whole time CA/CS/CMA.
Prescrutiny: After attaching the DSC, you have to click on Pre scrutiny button. This will check if all the details entered in the form are as per MCA website records. If any information is not matching, then there will be an error.
For example: The holder of DIN xxxxxx is Ajay Kumar Nath, but we have filled it up as Ajay Nath, then there will be a Pre scrutiny error. Only a Pre scrutinised form can be uploaded.