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Private company incorporation procedure: Easy to incorporate

Narender Mukkisa
Steps for Incorporating a Private Company in India: DSC, DIN, Name Approval (Form INC-1), and Filing INC-7 & INC-22. The article outlines the procedure for incorporating a private company in India. It involves several steps, starting with obtaining a Digital Signature Certificate (DSC) for all directors, followed by applying for a Director Identification Number (DIN). The next step is applying for name availability using Form INC-1. Once the name is approved, Forms INC-7 and INC-22 are filed for company incorporation, requiring details like the company's proposed name, directors' information, and registered office address. Various documents, including Memorandum of Association (MOA), Articles of Association (AOA), and affidavits, must be attached, and all forms must be digitally signed by directors. (AI Summary)

Step 1: Get DSC for all directors

Application form for obtaining DSC:-RCA Class 2 Form

NOTE1: The applicant (Director) signature should match with pan card signature in all documents wherever his signature is required.

NOTE2: Get from client (Each Director) the bellow proofs helpful for further Procedures (the documents must be self attested):

  1. Father name of each applicant
  2. For ID proof of applicant:-PAN card and Voter id / Aadhar card / driving license/ pass port.
  3. For Address proof of applicant: - Gas bill / electricity bill / Water bill / Bank statement (not older than 2 months)
  4. Three Photos of applicant(Each Director)
  5. Address proof of the company -Electricity bill/Gas bill/Telephone bill/Mobile bill (not older than 3 months) - Whether the office is owned/Rented.
  6. Place of birth and date of birth of each applicant (Director).
  7. Client occupation type( Whether self employed/Professional/Home maker/Student/Serviceman) and Area of Occupation
  8. Education qualification of the applicant( Each Director)
  9. Objects of the company.
  10. Desired names of the company(maximum 6 in order of preference)
  11. Company Email ID and phone number (Landline number mandatory)
  12. Duration of stay at present address by each applicant.

Step 2: After obtaining DSC apply for DIN for each director

Form for DIN:-DIR-3

Requirements for DIN

PAN is mandatory. Copy of pan is mandatory for identity, name, father's name and date of birth.

  1. Present Address proof of applicant which should not be older than 3 months.
  2. Verification in Form No. DIR-4.
  3. Applicant should sign on DIR-4.
  4. DSC of applicant. It is not required to register in MCA21 for applying DIN.
  5. All other requirements are obtained in step I above

    STEP3: Applying for Name availability

    Form INC-1

    Requirements:

  6. DIN of applicant
  7. Objects of the proposed company to be included in MOA
  8. Directors details Proposed names of the company (Maximum 6, give in order of preference)
  9. Applicant has to digitally sign for which designation of the applicant is required.
  10. The form should upload in MCA21 portal. It will take 1 or 2 days to get name of the proposed company.
  11. All details are collected in Step I.
  12. To be digitally signed by applicant (any Director). For which the DSC of the director is required to be registered in MCA21Official portal

STEP 4: Filing INC-7 & INC-22

Upload Form INC-7 and INC-22 for incorporation of a company

Requirements for Inc-7:

  1. SRN of Form INC-1
  2. Email ID of the company
  3. Main Division of industrial activity of the company (we have to select depends on the objects of the company)
  4. Details of promoters of the company
  5. Date and Place of birth of director’s
  6. Pan number, Occupation type, Area of occupation, Educational Qualification, Email ID of director.
  7. DIN of director
  8. Duration of stay at present address
  9. Proof of Identity and Address proof.
  10. Payment of Stamp duty details.
  11. All details are collected in Step I. Except Step 10

The following are the Attachments to INC-7:

  1. MOA and AOA
  2. INC-8(See below)
  3. Affidavit from each of the subscriber to the memorandum in Form No. INC-9(See below)
  4. Proof of residential address (Telephone bill/electricity bill/gas bill/mobile bill not older than 2 months)
  5. Specimen signature in form no. Inc-10 (See below)
  6. To be digitally signed by Director

Requirements for Inc-22:

  1. SRN of Form INC-1
  2. Address of the registered office of the company with effect from.
  3. Email id of the company
  4. Registered office of the company is owned by company/Rented/owned by director/owned by any other entity.
  5. Full address of the police station under whose jurisdiction the registered office is situated
  6. Particulars of the Utility Services Bill depicting the address of the registered office

(Telephone bill/electricity bill/gas bill/mobile bill not older than 2 months)

The following are the Attachments to INC-22:

  1. Proof of registered office of the company
  2. Copies of utility bills (mentioned above)
  3. Affidavit if office is owned by any other person
  4. Copy of order of competent authority

Note: Digitally signed by Director and Chartered accountant

  1. INC-8: Declaration by CA
  1. The CA should sign INC-8. Which require ₹ 20/- franking and Notary.
  2. The franking should be done as on date mentioned in the form

 

  1. INC-9: An Affidavit from each subscriber
  1. Each subscriber must sign the form separately
  2. Require ₹ 20/- franking and Notary

(The franking should be done as on date mentioned in the form)

Click here to see the FORM INC-9

  1. INC-10:- Form for verification of signatures of subscribers
    1. The photo of subscriber should be attested.
    2. The Form require franking ₹ 20/- and notary
    3. The particulars should be as per proof’s given

Click here to see the FORM INC-10

  1. Declaration by first directors of the company

This is one form for all Directors.

Click here to see the DECLARATION FORM

  1. Appointment of first directors

This is one form for all Directors.

Click here to see the APPOINTMENT LETTER

  1. DIR-2 for consent to act as director of the company

Click here to see the DIR-2

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