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For Incorporation of Companies An application shall be filed, with the Registrar within whose jurisdiction the registered office of the company is proposed to be situated, in Form No.INC.2 (for One Person Company) and Form no. INC.7 (other than One Person Company) along with the fee as provided in the Companies (Registration offices and fees) Rules, 2014 for registration of a company.
In this article Author has tabled all the steps to be taken for formation/Incorporation of Company under Companies Act,2013 with list of Documents to be submitted as below :-
| Select Name of Person – who will be promoters (At least Two Name) | NA | PROMOTER AND DIRECTOR MAY BE SAME. | ||
| 1. | Select Name of Person- who will be directors(At least Two Name) | 149(1)(a) | Rule-17(The Companies (Incorporation) Rules, 2014 | |
| 2. | Apply for- DSC of Directors | |||
| 3. | Apply For- Din of Directors | 152(3) | Rule-9 The Companies (Appointment and Qualification of Directors) | DIR-3 |
| 4. | Select Name of Company | |||
| 5. | Apply for Name Approval | 4(4) | Rule- 9 of The Companies (Incorporation) Rules, 2014 | INC-1 |
| 6. | Name Approved by ROC will be available for 60 days from the date of issue of Name Availability Certificate. | |||
| After Obtaining Name Approval Certificate – Steps | ||||
| 7. | Drafting of MOA | 4 | Tables A,B,C,D & E prescribed in SCHEDULE- I | |
| 8. | Drafting of AOA | 5 | Tables F,G,H,I & J prescribed in SCHEDULE- I | |
| 9. | Declaration from Professional | 7(1)(b) | Rule-14(The Companies (Incorporation) Rules, 2014 | INC-8 |
| 10. | Affidavit from subscribers and first directors | 7(1)(c) | Rule-15(The Companies (Incorporation) Rules, 2014 | INC-9 |
| 11. | Form for verification signature of subscribers | Rule-16 (1) (q)(The Companies (Incorporation) Rules, 2014 | INC-10 | |
| 12. | Consent from Director | 152(5) | Rule-8 The Companies (Appointment and Qualification of Directors) | DIR-2 |
| 13. | Disclosure of Interest from Director | 184(1) | Rule-9 The companies (Meeting of Board and Its Powers) Rules, 2014 | MBP-1 |
| 14. | Declaration of Disqualification | 164(2) | Rule- 14 The Companies (Appointment and Qualification of Directors) | DIR-8 |
| After Preparation of all above documentation- Forms require to file with ROC | ||||
| 15. | Application for Incorporation of Company | 7 | Rule-12(The Companies (Incorporation) Rules, 2014 | INC-7 |
| 16. | Appointment of Director | Rule-17(The Companies (Incorporation) Rules, 2014 | DIR-12 | |
| 17. | Registered Office of Company | 12 | Rule-25(The Companies (Incorporation) Rules, 2014 | INC-22 |
| After Filling of Above Three e-forms | ||||
| 18. | File Declaration from Director with ROC | 11 | Rule-24(The Companies (Incorporation) Rules, 2014 | INC-21 |
–
| TABLE FOR ATTACHMENTS WITH E-FORM | |||
| S. NO. | Particulars | Physical Form | E-Forms |
| 1) | Application for DIN | DIR-3 | |
| ATTACHMENT | |||
| on Affidavit of Rs. 10/- | DIR-4 | ||
| Self Attested Pan Card | |||
| Self Attested Passport | |||
| 2) | Application for Name Approval | INC-1 | |
| 3) | Form for Incorporation | INC-7 | |
| ATTACHMENT | |||
| Declaration from Professional | INC-8 | ||
| Affidavit from subscribers and first directors | INC-9 | ||
| Form for verification signature of subscribers | INC-10 | ||
| Memorandum of Association (along with Subscriber sheet) | |||
| Article of Association (along with Subscriber sheet) | |||
| 4) | Form for Appointment of Director | DIR-12 | |
| ATTACHMENT | |||
| Consent to act as director | DIR-2 | ||
| Declaration of non disqualification | DIR-8 | ||
| Disclosure of Interest in other entities | MBP-1 | ||
| 5) | Form for Register Office of Company | INC-22 | |
| ATTACHMENT | |||
| Proof Of Evidence Of Any Utility Service(Not older than 2 month) | |||
| After Getting Certificate of Incorporation | |||
| 6) | Form for Commencement of Business | INC-21 | |
| Declaration from Director (On stamp paper) | |||
Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES is a Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com, Mob: +91-8130757966)
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