In the today era if any entrepreneur wants to start the business in india there are various options to start the business they can start the business in Proprietorship business, partnership business and the promoter start the business in the form of Company. In this article we will discuss the practical process for the incorporation of the Private limited company.
In this article we will cover the regulatory aspects as well as well as documentation required in the Incorporation of the Company.
Regulatory Provisions: The Whole process of the Incorporation will regulate the Provisions of Section 4, 7, 12, 152 and 153 the Companies Act, 2013. And Companies (Incorporation) Rules, 2014.
Pre-requisites for Incorporation of the Private Limited Company.
i. Minimum members should be 2 and maximum membrs in the private limited company should not be more than 200.
ii. Minimum Director should be 2.
iii. Directors can become the members of the Company.
iv. The name of the Proposed private Limited company should not similar to the name of the existing registered company or not similar to the name of registered trademark or applied trademark.
v. The name which is similar to the name of the strike-off company should not be applied for a period of 20 years from the date of strike-off.
vi. Digital signature certificate of the Directors as well as Members.
Practical Process for the Incorporation of the Private Limited Company
1. The applicant has to apply the name of the company. For apply the name of the company the applicant has the two options he can Reserve the name through SPICE Part-A for after the approval of the name the applicant can incorporate the company with the after filing the SPICE-Part-B. The applicant can save the government fees of 1000 for reservation of fees if applicant can file the SPICE Part-A and SPICE-Part-B in one go.
2. The applicant after filling the SPICE Part-B, applicant will prepare the remaining forms like.
- AGILE-PRO
- E-MOA
- E-AOA
- INC-9
- SPICE PART-B
3. After preparation of all the said forms applicant is required to download the said forms and affix the Digital signature then upload on the MCA V3 Portal.
Documents Required for Incorporation of the Company
- Proof of Residence of all directors and Shareholders (Self attested Aadhar).
- Proof of Identity of the all the Directors and Shareholders (Self attested PAN).
- Rent agreement and electricity bill (if Registered office is rented)
- Email and Mobile no. of the all subscribers and directors.
- Occupation
- Education qualification.
- Amount of Authorised and Paid-up share capital.
- Email id of the Company.
- Address of the Registered office of the company.
- Shareholding structure of the Proposed Shareholders.
- Confirmation whether apply GST or Not
- Disclosure of Proposed director and Shareholders for interest in other entity.
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Feel free to contact the author for further clarification at 8279255794 or via mail at cspiyush94@gmail.com@gmail.com. The author is the founder of Piyush Goyal & ASSOCIATES (Practicing Company Secretaries Firm) based in Delhi, Mumbai & Jaipur.
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