Applicable Provisions

1. Section 3(1)-Private company should have  two or more person as a subscriber.

2. Section 149(1)-Private Company should have minimum 2 directors and maximum 15 directors Proviso of 149(1)(b) a company can appoint more than 15 directors by passing special resolution.

3. Section 12(1)-Every company should have registered office within 30 days from the date of its incorporation.

Checklist

S. No

Forms

Purpose

Documents

Time available for re sub mission

Sections and Rules

1.

SPICe+ (Sim plified Proforma for Inco-rporating Company Elect-ronically Plus: INC-32)

An appli cation for reservation of name.

  • In case if name is similar to any registered trade mark so approval, of trad emark along with trad emark certificate.
  • In case name contains word or expression which required central govt approval- COPY OF THE CENTRAL GOVT.’S APPROVAL.
  • In case name of the company is similar to any exiting company/ partner ship/Sole proprietor- NOC by way of BR/NOC from proprietor/ partner
  • In case any objects of the company required approval of sectoral regulator such as RCI/SEBI- Approval/Decla ration from such sectoral regulator.

15 days is available for rec tification of the defects.

After the resub mission of the document, if the registrar still finds that the document is defective or inc omplete in any respect, he shall give one more opportunity of fifteen days to remove such defects or deficiencies.

Provided that the total period for re-submission of documents shall not exceed thirty days.

Section 4(4) and Rules 8 and 9 of Com panies (In -corporation) Rules, 2014.

2.

INC-33 and INC-34

e-MOA and e-AOA

  • It should be signed by each subscriber in the presence of atleast one witness by affixing their DSC to the e-MOA and e-AOA.
  • If subscriber is more than 7, then MOA and AOA should be prepared in physical form and get the same signed by each subscriber in the presence of one witn ess.

Section 3(1), 4(6), 5(6) and 7(1)(a) and Rules 11,13  and 38 of Co mpanies (In- corporation) Rules,  2014.

3.

INC-9

Filing of De claration by each su bscriber

Now it is available as a form

Section 7(1) (c) & (e) and rule 15 & 16 of Co mpanies (In corporation) Rules,  2014.

4.

Docu ments Re quired From the Sub scriber

  • Declaration in form INC-9.
  • A declaration regarding acceptance of deposits.
  • Copy of PAN, Declaration of not having PAN (in case of NRI).
  • Copy of proof of identity(voter id, passport, Adhar card)
  • Residential Proof (mobile bill, electricity bill, bank statement) (not older than 2 months).
  • Copy of BR (in case subscriber in Body Corporate)
  • COI (in case subscriber in body corporate incorporated outside India).
  • All the documents related to NRI shall be authenticated by notary.

Section 7(1) (c) & (e) and rule 15 & 16 of Companies (In corporation) Rules, 2014

5.

DIR-2

For the app-ointment of Director

Documents Required from the first Director

  • A declaration in form INC-9
  • A consent in Form DIR-2
  • A declaration regarding acceptance of deposits
  • If director has not DIN so additionally documents are required as follows:

(i) Copy of PAN

(ii) Proof of Identity

(iii) Residential Proof (not older than 2 months).

Section7(1)(c) ,(f) & (g)and 152(5) and rule 15 of Comp anies (In-corpo ation) Rules, 2014, rule 8 of Com-panies(Appoin-tment and Qua lification) rules, 2014.

6.

SPICe+

Incor poration of company

  • MOA and AOA
  • INC-9
  • Sectoral Regulator approval, if any required
  • DIR-2
  • Copy of PAN
  • Proof of Identity
  • Residential Proof (not older than 2 months).
  • Director appoi ntment and al lotment of DIN upto maximum 3 director  shall be  filed through SPICe+
  • Registered office verification documents if registered office is same as the correspondence address and no need to file form INC-22.
  • Passport size photo of subscriber of MOA/AOA in physical form.
  • Copy of Board Resolution and Copy of PAN card, Identity proof and residential proof of authorised representative, if subscriber is company/body corporate.
  • Copy of Certificate of Incorporation and Copy of PAN card or declaration not having PAN, Identity proof and residential proof of authorised representative, if subscriber is foreign company/body corporate.
  • No fees upto nominal capital Rs.15 lacs or in respect of companies not having a share capital whose number of members as stated in the articles of asso ciation does not exceed twenty
  • Fees for reservation of name is Rs.1000.
  • 15 days is available for rectification of the defects.

After the resubm ission of the document, if the registrar still finds that the document is defective or incomplete in any respect, he shall give one more oppo rtunity of fifteen days to remove such defects or deficiencies.

Provided that the total period for re-submission of documents shall not exceed thirty days.

Section 7 read with rule 12 to 16 and 38 of the Companies (In corporation) Rules, 2014.

Section 7(1)(d) read with rule 25 of the Companies (In corporation) Rules, 2014.

Section 12 read with rule 25 and 27 of the Companies (In corporation) Rules, 2014

7.

INC-11

Certificate of In corp oration

Section 7 read with 18 and 38 (10) of the Companies (In corporation) Rules, 2014.

8.

INC-22

Verifi cation of Reg istered office

  • If corres pondence address is not same as registered office so Form INC-22 required to be filed within 30 days of its inco rporation alongwith the following documents:

(i) Proof of registered office address(lease deed /conveyance/rent agr eement along with rent receipt etc.)

(ii) Copies of Utility bills not older than 2 months.

9.

DIR-12

Appoi ntment of Director

  • If proposed company has more than 3 directors. 
  • Following do- cuments are required

(i)  DIR-2

(ii) Copy of PAN

(iii) Proof of Identity

(iv) Residential Proof (not older than 2 months).

It should be filed within 30 days of appointment

152(5) and rule18 and rule 8 of Com panies (Appoi ntment and Q ualification) rules, 2014.

10.

INC-20 A

Certificate of Comm encement of business

For providing the following information:

  • Every subscriber of MOA has paid the value of the shares agreed to be taken by him
  • The company has filed with ROC verification of its registered office.
  • The contents of Form INC-20A shall be  verified by CS/CA/CMA, in practice.

Within 180 days from the date of incorporation

 Mandatory Requirements

1. Registration of EPFO and ESIC shall be mandatory for all the new companies incorporated w.e.f. 15/02/20020.

2. Registration for professional tax shall also be mandatory for all new companies incorporated in the state of Maharashtra w.e.f. 15/02/2020.

3.  Opening of bank account through AGILE-PRO shall be mandatory.

Author Bio

Qualification: CS
Company: Priyankasingh& Co.
Location: Agra, Uttar Pradesh, IN
Member Since: 15 Apr 2020 | Total Posts: 1

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