CA Pratik Anand
Company Incorporation under Companies Act’2013-Checklist of Documents and Information Required
STEP-1: FILING FORM DIR-3- APPLYING FOR ALLOTMENT OF DIN OF PROPOSED
CHECKLIST OF DOCUMENTS
- Identity proof of applicant-PAN is mandatory for Indian residents and passport is mandatory for foreign nationals.
- Address proof of applicant-Passport/Voter ID Card/Driving License/Aadhar Card not older than two months.
- Passport size photograph of the applicant.
- Whether Citizen of India?
- Whether resident of India?
- Occupation, Educational Qualification of applicant.
- Permanent and present residential address.
- Father’s name, DOB, Gender of applicant
Note: For filing DIR-3, digital signature of applicant is mandatory.
STEP 2: FILING FORM INC-1 FOR APPLICATION OF RESERVATION OF NAME OF THE COMPANY
- DIN and contact details of applicant (address, phone/ email id) alongwith occupation.
- Type of company to be incorporated like public/private and whether limited by shares or guarantee.
- Whether govt. Company or not?
- State in which registered office is proposed.
- Number of promoters.
- Brief objects of the company.
- Proposed directors of the company.
- Proposed Name of the company alongwith its significant and other details.
- If the name requires a prior approval from a particular authority, then such approval is to be attached.
- Central Govt. approval if required.
- NOC from another company/other person having similar name.
STEP 3: FILING FORM INC-7 & DIR-12 FOR INCORPORATION OF COMPANY AND APPOINTMENT OF DIRECTORS
CHECKLIST FOR INC-7
- MOA & AOA -format in table A to table-J in SCHEDULE-I of companies Act’2013 as per the type of company. Subscribers sheet of MOA & AOA should be filled in own handwriting of the subscribers. Subscribers sheet should have photograph of the subscribers.
- Duly notarised Affidavit by first subscribers and first directors in Form INC-9.
- Duly notarised photograph , details and signature of the subscribers in Form INC-10
- Declaration by C.A incorporating the company that all requirements of Companies Act’2013 have been fulfilled in form INC-8 (NEED NOT BE ON A STAMP PAPER).
- Affidavit by first directors that the company will not accept any deposits after incorporation in case of private company. (required by most ROCs as per MCA circular under old Act)
- Self-attested Proof of Identity and Proof of address of the subscribers is needed.
- Proof of identity includes Passport/Voter ID Card/Aadhar/Driving License only.
- Proof of address includes Bank statement/Electricity bill/Telephone Bill/Mobile Bill only.
- Self-attested copy of PAN of subscribers.
- NOC in case there is change in promoters as given in form INC-1 and those given in INC-7.
Other details/information required
- Proposed Capital structure of the company-Authorised, subscribed and paid up capital.
- Main objects of the company.
- Details of the subscribers needed such as:
1. Place of birth (District & state)
2. Occupation type and area of occupation
3. Educational Qualification
4. Duration of stay at present address
5. No of shares subscribed
6. If already a director or promoter in other companies, then CIN of companies.
CHECKLIST FOR DIR-12
- Consent to act as a director in DIR-2. (For all proposed directors)
- Affidavit by first director in form-inc-9 stating that he has not committed any fraud, misfeasance, he has stated all things correctly during formation etc. (For all proposed directors)
- Appointment letter is not needed in case of new company as a company not incorporated cannot give letter of appointment.
FILING FORM INC-22
Note: This can form can be filed alongwith forms INC-7 & DIR-12 or within 30 days of incorporation of the company.
- Complete address of proposed regd. office needed.
- Complete address of police station under the jurisdiction of which proposed regd. office is situated.
CHECKLIST OF DOCUMENTS REQUIRED
- Utility bills in the name of owners with the proposed regd. address of the company. (Utility bills should not be older than two months. Utility bills include gas/electricity/telephone/ mobile bills)
- Documents evidencing ownership of regd. address of the owner like conveyance deed, rent agreement, lease deed, rent receipt not older than 1 month is needed in case the company has taken the premises on rent.
- NOC from the owners that they have no objection for use as regd. office if premises is used without rent i.e in case premises used is owned by director or any other person not taken on lease by company.
Note: These documents are required as per the normal procedure of company incorporation. Similar documents are required under the fast track company incorporation in form INC-29.
The author is a CA in practice at Delhi and can be contacted at: E-mail: [email protected]
, Mobile: +91-9953199493)