Incorporating a company in India involves a series of regulatory steps and document submissions to ensure legal compliance. This checklist serves as a guide for the key requirements and documentation needed for the successful incorporation of a company in India.
Checklist for Company Incorporation:
1. SPICe+ Form (Mandatory): The SPICe+ form is mandatory for all types of companies. It is a comprehensive form that facilitates the incorporation process.
2. Electronic Filing of MOA and AOA: The Memorandum of Association (MOA) and Articles of Association (AOA) must be filed electronically, outlining the company’s objectives and governing rules.
3. Digital Signature Certificates (DSC): DSCs for every subscriber (promoter) are mandatory for authentication and signing of documents in the incorporation process.
4. Directors’ DIN (Director Identification Number): If the directors already have DIN, there is no need to attach address or ID proof separately.
5. Professional Certification: Professional certification is required to validate the authenticity of documents and compliance with statutory requirements.
6. PAN and TAN Application: Details regarding PAN (Permanent Account Number) and TAN (Tax Deduction and Collection Account Number) application are required to be filled in the SPICe+ form itself.
Attachments for Form SPICe+:
- INC-9 Declaration: Signed by the first subscribers and directors.
- DIR-2 Consent: Directors’ consent to act as a director.
- Subscribers’ Address and ID Proof.
- NOC (No Objection Certificate) from the owner of the property where the registered office will be situated.
- Proof of office address: This can be in the form of a rent agreement, lease deed, or Municipal receipt.
- Utility Bill: A utility bill in the name of the landlord (not older than two months) for the office address.
Forms to Be Filed:
1. SPICe+: This is the primary form for incorporation, which combines multiple processes into a single application.
2. E-MOA (Electronic Memorandum of Association): This document defines the company’s objectives and rules.
3. E-AOA (Electronic Articles of Association): This outlines the company’s internal governance structure.
4. AGILE pro: This application is used for Goods and Services Tax Identification Number (GSTIN) registration, Employees’ State Insurance Corporation (ESIC) registration, and Employees’ Provident Fund Organisation (EPFO) registration.
Documents Required from Proposed Directors:
1. PAN and Aadhaar: Permanent Account Number (PAN) and Aadhaar are mandatory for identity verification.
2. Identity Proof: Provide a passport, driving license, or voter ID for further identification.
3. Address Proof: Submit a recent bank statement or electricity bill in the name of the director.
4. Passport Size Photo: Include a passport-size photograph of the director.
5. Email ID and Contact No.: Ensure that each director provides an email address and contact number for official communications.
Conclusion:
This comprehensive checklist outlines the key requirements for incorporating a company in India. Adhering to these steps and ensuring that all necessary documentation is in place is crucial for a smooth and legally compliant company incorporation process. It is advisable to seek professional guidance and legal advice to navigate the intricacies of the incorporation process effectively.
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