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

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0 responses to “Formation of Company under New Companies Act, 2013”

  1. Chaitali says:

    Very easy to proceed..Thank you for sharing this.

  2. Prince kunal says:

    Good session. But could be much better.

  3. Aniket Verma says:

    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).

  4. Pramod Gole says:

    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.

  5. Bishal koirala says:

    Reason behind paying Stamp duty? How we can recognize how much has to be paid?

  6. SHAROOKH KHAN says:

    I THINK IT IS A BETTER SITE FOR ALL NEW ENTREPRENEURS WHO WISH TO START A COMPANY.

  7. rony says:

    good session

  8. Deepak Sharma says:

    what the process of forming a company under section 8 of CA 2013

  9. tanuja says:

    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

  10. SONAL JAISWAL says:

    how much stamp duty are we required to pay in form INC-21?

  11. prakash says:

    What will be the amount of stamp duty for INC-21 ?

  12. Varsha Verma says:

    What will be the amount of stamp duty for INC-21 and do I need to attach signed MOA & AOA with the same Form?

  13. Abhimanyu says:

    2nd step, obtain DIN, rule 9 of chapter 11 is ?

  14. Shilpa says:

    Dear Sir,

    Please tell whether Form Inc 8,9 and 10 requires on stamp paper and does it require separately or jointly will do

  15. BNPandit says:

    Please provide the form INC.10

    Thanks
    BNPandit

  16. RAHUL says:

    Pl anyone Provide Format of INC 8 – Declaration by Practicing Professinal.

  17. Rajender Singh Matta says:

    Dear Sir,

    thank you very much for sharing useful information.

    regards

    Rajender Singh Matta
    9212359705

  18. CA HITEN NAGDA says:

    Update send to me on above id.

  19. B.Chackrapani warrier says:

    Procedure given in seriatim is useful. Thanks.

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