CS Amey A Patwardhan
The first thing to take care of under the new Companies Act, 2013 is to follow a changed procedure for giving birth to a Company. This article speaks of only Public and Private Limited Companies and does not cover One Person Companies. The brief procedure to be adopted for incorporating a Company would be :
Action Points : Formation of a Public / Private Limited Company – under Companies Act, 2013
[Covered by provisions of Chapter II]
| Sr No | Action Point | Requirement |
| 01 | Obtain Digital Signature Certificate (DSC) | Obtain a Digital Signature Certificate from authorized DSC issuing authority. |
| 02 | Obtain Director Identification No. (DIN) [S.153] | Make Application in Form DIR-3 [Rule 9 of Chapter XI Rules] |
| 03 | Register DSC in the name of Director on MCA portal | |
| 04 | Apply for Reservation of Name [S.4(4)] | Apply in Form No. INC.1 [Rule 9]. The same shall be reserved for a period of 60 days |
| 05 | Adoption of Memorandum of Association [S.4(6)] | MoA shall be in respective form as prescribed in Table A, B, C, D and E of Schedule I as may be applicable |
| 06 | Adoption of Articles of Association [S.5(6)] | MoA shall be in respective form as prescribed in Table F, G, H, I and J of Schedule I as may be applicable |
| 07 | Incorporation | File with ROC Form No. INC.7 [Rule 12 to 18] alongwith(a) The Memorandum and Articles of the company duly signed by all subscribers;
(b) A declaration in Form No.INC.8 by an advocate or Practicing professional (CA, CS, CA) who is engaged in incorporation, and a person named in director as Director, Manager or Secretary, that all requirements related to incorporation has been complied with; (c) an affidavit in Form No. INC.9 from each subscriber and from each person named as first director in the articles that; he is not convicted if any offence in connection with promotion, formation or management of any company, he is not been found guilty of any fraud or misfeasance or of any breach of duty to any company during preceding five years, and all the documents filed with the Registrar contain correct, complete and true information to the best of his knowledge and belief; (d) the address for correspondence till its registered office is established; (e) the particulars of every subscribers along with proof of identity; (f) the Particulars of first directors along with proof of identity; and (g) the particulars of interests of first directors in other firms or bodies corporate along with their consent to act as directors.
|
| 08 | Commencement of business [S.11] | Director should file Declaration with ROC in Form No. INC.21 [Rule 24] |
| 09 | Registered Office [S.12] | A company shall have a registered office within 15 days of Incorporation and it shall file Form No.INC.22 [Rule 25] to verify the same |
CS Amey A Patwardhan, E-Mail- cs.ameypatwardhan@gmail.com, Voice-9833359049
Very easy to proceed..Thank you for sharing this.
Good session. But could be much better.
In case of private company incorporation you will need to submit all form-7,8,9 in stamp paper of Rs 100/- each. Total number of stamp paper is 7.(including affidavit).
Please tell us whether it is necessary to file INC -21 for Commencement of Business for Private Limited company. Whether MCA has notify any rules for it.
Reason behind paying Stamp duty? How we can recognize how much has to be paid?
I THINK IT IS A BETTER SITE FOR ALL NEW ENTREPRENEURS WHO WISH TO START A COMPANY.
good session
what the process of forming a company under section 8 of CA 2013
I wanted to know about STAMP duty amt paid in INC 21 is about which amt is it Stampduty paid on incorporation or something else and format of declaration given by director pl its urgent
how much stamp duty are we required to pay in form INC-21?
What will be the amount of stamp duty for INC-21 ?
What will be the amount of stamp duty for INC-21 and do I need to attach signed MOA & AOA with the same Form?
2nd step, obtain DIN, rule 9 of chapter 11 is ?
Dear Sir,
Please tell whether Form Inc 8,9 and 10 requires on stamp paper and does it require separately or jointly will do
Please provide the form INC.10
Thanks
BNPandit
Pl anyone Provide Format of INC 8 – Declaration by Practicing Professinal.
Dear Sir,
thank you very much for sharing useful information.
regards
Rajender Singh Matta
9212359705
Update send to me on above id.
Procedure given in seriatim is useful. Thanks.