Checklist for Incorporation of Company under Companies Act, 2013

CA Saurabh Chokhra

Incorporation by filling Form INC-29 (Integrated Form)

♠ The write-up aims to provide a checklist to incorporate a company under Companies Act, 2013 through Integrated Form INC 29.

A. Object of company:

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B. Proposed Names:

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Note-1 In INC-29 form only one name can be given.

Note-2 The proposed name should not be matching with that of any existing companies or LLP. Further, the name should not be based on a trademark if the company’s business is falling in that

For example – If company’s business is manufacturing electric machinery (which is class 7 business under Indian Trademark Laws). In such a case, if there is a registered trademark say “Alpha” in class 7 , then the proposed name cannot be started with Alpha unless a NOC from the trademark owner is obtained. But if you apply for Alphapro or Alphaline you will get the name approved as in trademark every letter makes the word totally different.

The existence of a trademark can be searched on IP India website by the following link:

http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

Note -3 In case the name contains the name of any person who is relative of assessee then proof of relation need to be attached.

• Most of the resubmission are due to name issue, therefore, names should be proposed with utmost care after reading the naming guidelines.
  

C. Address of Registered Office

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D. Share Capital with denominations:

1. Authorized Share Capital:

a) Equity ——————————-of Rs. ——/.

b) Preference————————–of Rs. ——/-

2. Paid up Share Capital:

a) Equity ——————————-of Rs. ——/.

b) Preference————————–of Rs. ——/-

E. Name of the first subscribers to MOA with no. of shares subscribed:

F. Name of the first directors with their education qualifications and occupation:

 G.KYC Documents.:

1. Self-attested copy of PAN Card of proposed directors and subscribers

2. Self-attested copy of any one of the following documents as Proof of Identity:

–Voters Identity Card/ Passport/ Driving License/ Aadhar Card

3. Self-attested copy of any one of the following documents as Proof of Address:

– Electricity Bill/ Telephone bill/ Mobile bill/Bank Statements

(not older than 2 months)

4. NOC & copy of utility bill of director or/and other person renting premises to company to operate as registered office

5. Copy of Rent Agreement.

6. 2 Color Photographs of all subscribers and directors

H. Other Information:

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                                           Attachment Section Form INC 29

(Serial Nos. as per Form INC-29 attachment section)

1.MOA , affix photograph of subscribers on last page against their name – just below no. of shares

2.AOA affix photograph of subscribers on last page against their name – just below no. of shares

– Both MOA and AOA should be given page nos.

3.Affidavit and Declaration by first subscribers – Form DIR 2(Get it printed on stamp paper and also get notarized)

4.Proof of Office Address (Rent Agreement +NOC by Landlord + NOC by directors-)

5.Copy of electricity bill – Office Address

15 .Proof Of Identity & Residential address of subscribers – (# ID proof and rent agreement + electricity bill as address proof )

#ID Proof -Documents as mentioned above in KYC documents

-Arrange in sequence i.e. all documents subscriber wise (i.e. all proofs of one director and then of other one)

17.  Proof of Identity and Address of 1^st applicant

20. Optional Attachments –PAN of all directors

Other Key point:

• Atleast one person becoming director has to obtain DIN , before filling Form INC 29 because the Digital Signature cannot be registered with MCA with PAN only. However, in the instruction kit to the form INC -29 this issue has not been clarified/touched upon.
  

For combining various attachments use – pdfmerge.com

For compressing pdf attachments use – pdfcompress.com, smallpdf.com                       

Form Size should not exceed 6.5 MB after attachments & DSCs of both director and Professional.

(Author can be reached at (e)[email protected] Mobile-+91 8108393226.)