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Company Incorporation

CA Akash Phophalia
Company incorporation process streamlined by integrated e form enabling DIN allotment, name reservation and incorporation; routine route remains. The Companies Act incorporation options now include an integrated e form (INC 29) that combines DIN allotment, name approval and company incorporation for non Section 8 companies (allowing up to three new DIN applicants) with INC 30 and INC 31 attached for MOA and AOA. The traditional routine process remains, requiring DSC, DIN application, name reservation (INC 1), and filing of INC 7, INC 22 and DIR 12 with MOA, AOA, subscriber identity and address proofs, PAN, INC 8, INC 9, INC 10, registered address proof, directors' interest particulars, fees and subsequent INC 21 for commencement of business. (AI Summary)

The enactment of the new COMPANIES ACT 2013 has increases the documentation part for the incorporation of the company and so as the transparency for the stakeholders. Timely, updates are seen to smoothen the formalities. Recently on 1st May 2015 a new Integrated Incorporation Form has been introduced by Ministry of Corporate Affairs named as e-form INC-29.

Thus now we have two incorporation processes:-

Process I - Integrated e-form INC-29

This single form provides the following services:-

  • Allotment of Director Identification number (DIN)
  • Name of the Company
  • Incorporation of the Company
  • It is available for the incorporation of companies other than Section 8 companies
  • It accommodates applications up to 3 new DIN applicants who will be director of the company.
  • The forms INC-30 and INC-31 will attached to INC-29 for the purpose of MOA and AOA.

Although a new form has been introduced to easier the incorporation process, but the existing process of incorporation will continue to be available.

Process II - Routine Process

  • Obtain DSC - from the DSC issuing authority
  • Obtain DIN - application for obtaining DIN to be filed in form DIR-3
  • Apply for the name - Form INC-1 shall be filed for reservation of name and the name shall be reserved for 60 days.
  • Get the name approval Certificate - issued by ROC after being satisfied.
  • File incorporation forms - Form INC -7, INC - 22 and DIR-12 with the following attachments:-
  • MOA
  • AOA
  • Address Proofs of all the subscribers
  • Identity Proofs of all the subscribers
  • Pan Cards of all the subscribers
  • INC-8 (A declaration by an Advocate or Practicing Professional CA, CS or CWA who is engaged in incorporation and a person named in director as director, manager or secretary, that all the requirements related to incorporation has been complied with)
  • INC-9 (It is an affidavit from each subscriber and each person named as first director in the articles that he is not convicted any offence in connection with the promotion, formation or management of the company, he is not guilty of any fraud or misfeasance or any breach of duty during preceding five years and all the documents filed with the registrar of companies are complete and correct and true to the best of his knowledge and belief)
  • INC-10 (form for the verification of signature of subscribers)
  • Proof of registered address
  • Particulars of interest of first directors in other firms or bodies corporate along with their consent to act as directors.
  • Pay filing fees and Stamp Duty
  • Obtain incorporation Certificate
  • File application for certificate of commencement of business - Form INC -21.
  • Obtain certificate of commencement of business
  • Now the company can commence its business activities.

This is just for your reference. It does not constitute our professional advise or recommendation.

CS Kanika Lohiya

[email protected]

C/o CA Akash Phophalia

Office No 3

Second Floor

Amrit Kalash

Residency Road

Near Bombay Motor Circle

Jodhpur - 342001

Rajasthan

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