CA Durgesh KabraCA Durgesh Kabra

In pursuance of sections 4,7,12,152 and 153 of the Companies Act, 2013 read with rules made there under

Single application for following in this form

1. approval of name

2. incorporation of a new company

3. application for allotment of DIN

4. supporting documents including details of Directors & subscribers, MoA and AoA etc. Once the eForm is processed and found complete, company would be registered and CIN would be allocated

5. DINs gets issued to the proposed Directors who do not have a valid DIN

6. Maximum three Directors are allowed for using this integrated form for filing application of allotment of DIN while incorporating a company

Sr Particulars Remarks
1 Company Details Ø type of company

Producer Company provisions of Part IXA of the Companies Act, 1956, New company (others), charitable company under section 8 chapter XXI of the Companies Act, 2013

Ø class of company

Public, Private or One Person Company

Ø category of company

Company limited by shares, Company limited by guarantee or Unlimited company.

limited by shares select for Producer and One Person Company

Ø sub-category of company

Union government company, State government company, Non-government company, Subsidiary of foreign company, Guarantee and association company

limited by guarantee for Guarantee and association company

Ø Company is: Having share capital or Not

Ø Main division of industrial activity of the company

Ø Capital structure of the company

Ø Correspondence address (whether the same is registered office if not the company shall establish its registered office within fifteen of the approval of this application for Incorporation and shall also intimate such address of registered office within thirty days of the Incorporation via e-form INC-22)

2 Standard template of MoA/AOA as prescribed under schedule I to the Companies Act, 2013 is opted for adoption Yes – schedule I to the Companies Act, 2013

In case of any modification in the standard template notified, then No should be selected

3 Articles of Association is entrenched specify their number along with details of entrenchment
4 Details of Number of members Maximum number of members excluding proposed employee(s) should not be greater than 200 in case of a private company.

Number of members excluding proposed employee(s) should be greater than two in case of Private company and seven in case of public company.

5 Registrar of Companies Correct name of office of the Registrar of Companies (ROC) in case more than one ROC is mapped to the state selected. Once application is filed, the same would not allow to be changed until company is incorporated.
6 proposed name Do not enter abbreviation like “PVT”, “PVT.”, (P), “LTD” and “LTD”

State the significance of the key or coined word used in the proposed name. It should mention why such word cannot be done without in the name.

If the proposed name is or has used any word in any vernacular language e.g.: Hindi, Marathi, Tamil etc., then please mention the language.

proposed name contains name of any person other than the promoter(s) or their close blood relative(s) – Yes or No option if yes take NOC from such person.

proposed name includes the name of relative(s)- yes is selected, then attach the proof of relation of the relative with promoter.

approval from any sectoral regulator is required then select the applicable declaration under declaration section of this application form

similar to Existing Indian Company or Foreign body corporate then specify name and/or CIN

In case the name is similar to any existing company or to the foreign holding company, then, a certified true copy of No objection certificate by way of board resolution needs to be attached

registered trademark or is subject matter of an application pending for registration under the Trade Marks Act

Resemblance with any trade mark approval shall be attached of such owner of the registered trademark or the applicant of such trade mark for which application for registration is pending.

Specify class of trademark

Furnish the particulars of application and the approval of the applicant or owner of the trade mark

7 Promoters details carrying on any Partnership firm, sole proprietary or unregistered entity in the name as applied for

the business of such entity shall be acquired – NOC from sole proprietor/ partners/other associates/ existing company

8 First subscribers and Directors Number of first subscriber(s) to MOA and directors of the company

Sum of individual first subscriber(s) cum director(s)’ (both having and not having DIN) + individual first subscriber(s) other than subscriber cum director (both having and not having DIN) + Non-individual first subscriber(s)’ should be:

• Equal to or greater than two in case of proposed private company or Seven in case of public company or One in case of OPC, and

• Equal to or less than two hundred in case of private company, and

• Equal to the ‘Number of members excluding proposed employee(s)’ as entered in field 3(ii)(d) in case company is not having share capital.

9 Number of individual first subscriber(s) cum director(s)

(Not more than 20)

• Total Number of Proposed Directors(Who are subscribers)

• Directors not having DIN will have to be selected as “Not Having DIN” they will be allotted through processing of this

• OPC – Minimum 1

• private company (other than producer company) or

• public company

• producer private company

Not having DIN

• Directors not having DIN cannot be more than 3 in number.

10 Number of individual first subscriber(s) other than subscriber cum director

 

• Enter the number of Individual subscribers who are not proposed to be director in the company.

• Number of generated blocks may be less than the number of subscribers entered in the table of field 6 (a). Users are advised to enter the details only in the generated blocks for ‘Particulars of individual first subscriber(s) (other than subscriber cum director)’ in field 6 (d).

11 Number of non-individual first subscriber(s)

 

• enter the number of Non-Individual subscribers in the company

• Particulars of non-individual first subscriber(s) not having DIN’. Users are advised to enter the details only in the generated blocks for ‘Particulars of Non-individual first subscriber(s)’. Number of generated blocks may be less than the number of subscribers entered previous table

12 Particulars of Directors (Other than First Subscribers)

(DIN and No DIN)

• You can select the Independent category only if the proposed company is a public company.

• You cannot select the Independent category if the Director is a Managing director, nominee director or whole time director

• Enter the email id of the proposed director. Make sure that the email ID is correct

• Enter the number of the entities in which director have interest along with interest details

• Not having DIN (Other things same)

-Select the type of the Proof of identity from the available drop-down values – Voters Identity Card/ Passport/ Driving License/ Aadhar Card

– Select the type of Residential Proof from the available drop-down values – Bank / Electricity Bill/ Telephone bill/ Mobile bill.

– Attach copy of proof of identity and proof of address under attachments section.

13 Particulars of Directors (First Subscribers) (DIN and No DIN) Same as above
14 Particulars of non-individual first subscriber(s)

 

• Category Selection

• Other Details as CIN, Authorized representation

• Information related to such representative

• Enter the number and amount of shares subscribed by the first subscriber.

15 Nomination and

Particulars of the Nominee

 

 

• One person company. Proposed nominee should not be a nominee in any other one person company.

• Personal Details of such Nominee to be provided DIN and auto fill options DIN or PAN for auto verification

• KYC procedures of ID proof and address proof

16 Particulars of payment of stamp duty

 

• The State or Union territory will be pre-filled based on the address of the proposed company.

• Payment compulsory Electronically or not

• You can select ‘No’ only if the applicable payment of stamp duty through MCA21 system is not mandatory for the state or union territory selected.

• You can select ‘Not applicable’ only if the amount of stamp duty (as per the state wise stamp rules) in respect of all the documents (i.e. Integrated Form, MoA and AoA) is NIL

• If you selected to pay stamp duty through MCA21 system or if Stamp duty is not applicable, the details of stamp duty to be paid would get auto-filled based on the state wise stamp rules separately for the e-Form, MoA and AoA.

• If you have already paid the stamp duty, enter the details of stamp duty paid. This is enabled in case stamp duty is not to be paid electronically through MCA21 system.

17 Information for PAN/TAN application • Details should be entered only if you want to apply for PAN or TAN and application is filed via e-biz service where application process is active.

• Else details entered would be just being information.

• Select from drop down list Source of Income and code of business/profession

18 Additional Information for Employer registration under Employee State Insurance Corporation (ESIC)

 

In case you want to apply for employer registration via e-biz service, enter the details for Employer registration.

• Select the type of unit. Select one from the available options – factory or Establishment.

• Select the exact nature of work or business to be carried out by the proposed company. Select one of the option from the drop-down values – Food Beverages and Tobacco/ Textiles/ Leather and Rubber/ Chemical And Chemical Products/ Non Metallic Minerals; Metallic Minerals/ Engineering; Transport/ Paper And Printing/ Miscellaneous Commercial Establishments/ Hotels and Restaurant/ Cinemas And Theatres/ Educational Institutions/ Hospitals, Nursing Homes etc.

• Select the sub category of work to be carried out by the proposed company. Select one of the option from the drop-down values.

19 Attachments

 

The following attachments are mandatory in all cases:

1. Memorandum of Association

2. Articles of Association.

3. Affidavit and declaration by first subscriber(s) and director(s)

If the address for correspondence is the address of registered office of the company, then following attachments are mandatory:

4. Proof of office address

5. Copies of utility bills that are not older than two months.

If the proposed name is based on a registered trademark or is subject matter of an application pending for registration under the Trade Marks Act, then it is mandatory to attach:

6. Approval of the owner of the trademark or the applicant of such trademark for registration of Trademark

If the name of the proposed company includes the name of relative(s) of the promoter, then it is mandatory to attach:

7. Proof of relation of the relative with promoter

If the promoters are carrying on any Partnership firm, sole proprietary or unregistered entity in the name as applied for , then it is mandatory to attach:

8. NOC from the sole proprietor/ partners/other associates/ existing company

In case the proposed name contains name of any person other than the promoter(s) or their close blood relative(s), then it is mandatory to attach:

9. NOC from any other person

If any subscriber to the proposed company is Foreign company and/or company incorporated outside India, then it is mandatory to attach:

10. Copy of certificate of incorporation of the foreign body corporate and resolution passed

Note: It is optional to attach Copy of certificate of incorporation in case the subscriber to the proposed company is Body Corporate.

If any subscriber to the proposed company is a Company itself, then it is mandatory to attach:

11. Resolution passed by promoter company

In case the name is similar to any existing company, then it is mandatory to attach:

12. A certified true copy of No objection certificate by way of board resolution

In case any of the director has any interest in the proposed company, then it is mandatory to attach:

13. Interest of first director(s) in entities

In case of an OPC, it is mandatory to attach:

14. Consent of nominee

15. Proof of identity and residential address of the nominee

If any one of the subscriber does not have a DIN, it is mandatory to attach:

16. Proof of identity and residential address of the subscribers

If any one of the director (including subscriber cum director) does not have DIN, then it is mandatory to attach:

17. Proof of identity and residential address of such director

Any other information can be provided as an optional attachment. Separate declaration in format of INC-8 is not required to be attached.

20 Declaration and DSC

 

the applicant name and professional details

Professional singing with Membership and COP number or PAN

a. Chartered Accountant

b. Company Secretary

c. Cost Accountant

d. Advocate

Note: In case the person digitally signing the eForm is an Advocate- Enter valid PAN.

Fees payable is subject to changes in pursuance of the Act or any rule or regulation made or notification issued there under.

Other things in the form are self explanatory.

NOTE: ALWAYS CHECK ONCE THE UPDATED VERSION OF FORMS UPLOADED BY MCA BEFORE FILING IT.

(Author can be reached at durgeshkabra@gmail.com)

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