CS Divesh Goyal

1. To register a company, you need to first apply for a Director Identification Number (DIN) which can be obtained by filing e-Form for acquiring the DIN. Form DIR 3.

2. Acquire or register for DSC and register yourself as a user in the relevant user category, such as registered and business user.

3. Apply for the name of the company to be registered by filing Form INC-1 for the same.

4.After receiving the letter of name approval from the MCA fill the form INC-7 for application or declaration for incorporation of a company.

–          Documents to be attached-

  1. MOA Table A
  2. AOA table F ,
  3. Declaration by Professionals in INC- 8
  4. Affidavit from Subscribers and first directors in INC 9
  5. Verification of signature of subscribers in Form INC 10, Proof of residential address.

5. Fill the form INC-22 within 30 along with form INC-7 for giving notice of situation of registered office. Attachments –

–       Address Proof like electricity or telephone bill and NOC of use of property.

6. Fill Form DIR -12 for particulars of appointment of Directors and the key managerial personnel. Once the form has been approved by the concerned official of the Ministry, you will receive an email regarding the same and the status of the form will get changed to Approved.

7. A company having a share capital shall not commence any business or exercise any borrowing powers unless—

–       a declaration is filed by a director in form INC10 and verified in such manner as may be prescribed, with the Registrar that every subscriber to the memorandum has paid the value of the shares agreed to be taken by him and the paid-up share capital of the company is not less than five lakh rupees in case of a public company and not less than one lakh rupees in case of a private company on the date of making of this declaration;

–       Such Declaration has to be filed in Form INC-21 within 180 days of receiving th Certificate of Incorporation.

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

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0 responses to “How to Incorporate Company Limited by Shares Under Companies Act, 2013”

  1. Manish Sharma says:

    I m talking regarding F-21 here
    First thing INC 10 is for Specimen signature yes it is an attachment to F-21.

    My ques is what will be the rate of stamp paper used for “Declaration prior to the commencement of business or exercising borrowing powers”

    As my form 21 got mark for resubmission due to inadequate stamp value.

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