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New features/ Options of e-form INC-29

eForm INC-29 deals with the single application for reservation of name, incorporation of a new company and/or application for allotment of DIN. This eForm is accompanied by supporting documents including details of Directors & subscribers, MoA and AoA etc.

 CS Divesh Goyal

Law(s) Governing the eForm- In pursuance of sections 4,7,12,152 and 153 of the Companies Act, 2013 read with rules made there under)

Purpose of the eForm – eForm INC-29 deals with the single application for reservation of name, incorporation of a new company and/or application for allotment of DIN. This eForm is accompanied by supporting documents including details of Directors & subscribers, MoA and AoA etc. Once the eForm is processed and found complete, company would registered and CIN would be allocated. Also DINs gets issued to the proposed Directors who do not have a valid DIN. Maximum three Directors are allowed for using this integrated form for allotment of DIN while  incorporating a company.

Key Features of e-form INC-29 

1. The integrated e-Form INC-29 is available with effect from 01.05.2015 for One Person Company, Private Company, Public Company and Producer Company.

2. INC-29 does away with filing of multiple applications/forms saving time and payable fees. It combines the processes relating to:-

i.  Allotment of Director Identification Number (DIN) (up to three Directors),

ii. Incorporation of a company, and

iii.  Appointment of first Directors of the company.

3) The new e-Form does away with the need for reserving a name for the company prior to applying for its incorporation.

4)  Declarations are in-built in the e-Form. Separate attachments containing such declarations are not required.

5) The e-Form is enabled for future integration with e-Biz platform of DIPP for generating applications for PAN, ESIC and EPFO numbers on the platform and therefore provide a single interface for these applications also.

** SECTION-8 COMPANY CAN’T INCORPORATED BY INC-29.

INFORMATION REQUIRED TO BE MENTION IN FORM INC-29:

  • Main division of industrial activity of the company
  • Authorized Capital of Company
    • No. of Shares
    • Amount per shares
  • Subscribe Capital of Company
    • No. of Shares
    • Amount per shares
  • Correspondence address of Company (This address may be registered office address or not).
  • Particular of Proposed Name of Company
    • Proposed Name
    • Significant of abbreviated or coined word in the proposed name
  • Number of first subscriber(s) to MOA and directors of the company
    • Detail of Total No. of Directors
      • No. of Directors having DIN
      • No. of Directors Not having DIN
    • Detail of Total No. of Subscribers
      • No. of Subscribers having DIN
      • No. of Subscribers Not having DIN

** Only one name can be applied. Check about name on Both MCA website and Trade Mark Website.

  • If Director/Subscriber having DIN
    • DIN
    • Designation & Category
    • Email ID
    • No. of Share Subscribe
    • Directorship in other companies
    • No. of Subscriber Shares

Personal details in relation to the director or subscriber is not required in case director/subscriber already has DIN.

  • If Director/Subscriber NOT having DIN (DIN will also generate by these Information)
    • Name & Father Name of Person
    • Date of Birth & Place of Birth
    • Occupation Type
    • Education Qualification
    • PAN
    • Complete Address
    • Mobile No.
    • Duration of Stay at present address
    • Designation & Category
    • Attachments:
      • Proof of Identity (Voter/Driving/Passport/Aadhar)
      • Residential Proof (Bank Statement/ Electricity/Telephone/Mobile Bill)
      • PAN Card
    • No. of Subscriber Shares

“When the e-Form is processed and DIN is generated, an acknowledgement email of DIN generation is sent to the director.”

Mandatory Attachments if DIN is applying:

– Proof of identity & residential address of subscribers;

– Proof of identity and address of Applicant

– PAN Card; (Self attested)

  • Apply PAN/TAN: (PAN automatically apply by these info’s)
    • Area Code
    • AO type
    • Range Code
    • AO No.
  • Source of Income:
    • Income from Business/profession
    • Capital Gains
    • Income from house property
    • Income from other source
    • No Income
  • Additional Information for Employer registration under Employee State Insurance Corporation (ESIC):
    • Type of Unit (Factory/Establishment)
    • Exact nature of Work/Business carried on
    • Work Sub category

MANDATORY ATTACHMENTS:

  • Memorandum of association
  • Articles of Association;
  • Affidavit and declaration by first subscriber(s) and director(s);;
  • Proof of Office address (Conveyance/ Lease deed/ Rent Agreement etc. along with rent receipts);
  • Copy of the utility bills (not older than two months)

NOTE:

  • The e-Form will not be auto approved (STP).
  • Companies have option to go by route of e-form INC-29 or earlier route INC-1, INC-7, DIR-12 and INC-22.
  • Director has to give declaration at the end of the form that he have check the name on MCA website and Trade Mark Website.
  • DSC of Director will be affix on form. {In case of director don’t have DIN then mention PAN No. of director at the place of affixing of DSC)
  • DSC of professional will also affix on the form.
  • Fee for Form Rs. 2000/-
  • List of main divisions of industrial activities given as Annexure A in the instruction Kit of INC-29.
  • Only one name can be applied for approval in this e-form. Therefore, one is advised to duly check the proposed name and follow name availability guidelines, existing trade marks to avoid rejection.
  • only two re-submissions are allowed.

(Author – CS Divesh Goyal, ACS is a Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com)

Read Other Articles Written by CS Divesh Goyal

Categories: Company Law

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