SEVEN STEPS FOR INCORPORATION OF A PRIVATE LIMITED COMPANY

imvikassh | Dec 27, 2018 |

SEVEN STEPS FOR INCORPORATION OF A PRIVATE LIMITED COMPANY

SEVEN STEPS FOR INCORPORATION OF A PRIVATE LIMITED COMPANY
STEP I: Apply for Name Approval:
1.) Login on MCA Website.
Applicant have to login into their account on MCA Website. (Pre-existing users can use earlier account or new users have to create a new account.)
After Login user have to click on the icon RUN in MCA Service. An online form shall be open. Applicants have to fill the information online. (This form cant be download)
Note: – Since 26th January, 2018 e-form INC-1 has been omitted from the Companies Act, 2013.
2.) Details required to be mentioned in online form:
(i) Entity type (i.e. Part I, OPC, Section 8 etc.) (below table taken from MCA
link: http://www.mca.gov.in/MinistryV2/runServicerFAQ.html)
(ii) CIN (Corporate Identification Number and it has to be entered only when an existing company wishes to change its name and is using RUN to reserve a new name)
(iii) Proposed name (Auto Check Facility)
(iv) Comment (Mention Objects of the proposed Company and any other relevant information Like Trade Mark etc.)
(v) Choose File (Any attachment)
3.) Choose File:
This option is available to upload the PDF documents. If applicant want to attach any file, can be upload at this option.
4.) Submission of Form on MCA Website:
After completion of above steps user shall submit the Form with MCA website.
5.) Payment of Fees:
There is no option of pay later challan in RUN. Applicant has to pay fees immediately after submission of form. After payment challan shall be generated.
6.) Validity of Reserved Name:
In case of the New Company: Reserved name shall be valid for 20 days from the date of approval of Name.
In case of the Name change of an existing Company: Reserved name shall be valid for 60 days from the date of approval of Name.
STEP II: Preparation of Documents for Incorporation of Company:
After approval of name or for Incorporation of Company applicant have to prepare the following below mentioned Documents;

1.) INC-9 Affidavit / declaration by first subscriber(s) and director(s) (on duly authorized Stamp Papers).

2.) DIR-2 declaration from first Directors along with Copy of Proof of Identity and residential address.

3.) NOC from the owner of the property.

4.) Proof of Office address (Conveyance/ Lease deed/ Rent Agreement etc. along with rent receipts);

5.) Copy of the utility bills (not older than two months)

6.) In case of subscribers/ Director does not have a DIN, it is mandatory to attach proof of identity and residential address of the subscribers

Note: All the Subscribers should have Digital Signature.
STEP III: Fill the Information in Form:
Once all the above mentioned documents/ information are available. Applicant has to fill the information in the e-form Spice INC-32.
Features of SPICe (inc-32) form:
– Maximum details of subscribers are SEVEN (7). In case of more subscribers, physically signed MOA & AOA shall be attaching in the Form.
– Maximum details of directors are TWENTY (20).
– Maximum THREE (3) directors are allowed for filing application of allotment of DIN while incorporating a Company.
– Person can apply the Name also in this form.
– By affixation of DSC of the subscriber on the INC-33 (e-moa) date of signing will be appear automatically by the form.
– Applying for PAN / TAN will be compulsory for all fresh incorporation applications filed in the new version of the SPICe form.
– In case of companies incorporated, with effect from the 26th day of January, 2018, with a nominal capital of less than or equal to rupees ten lakhs or in respect of companies not having a share capital whose number of members as stated in the articles of association does not exceed twenty.
Note: Fee on INC-32 (SPICe) shall not be applicable
Single Window Form:
Earlier if a Person wants to incorporate Company then it has to apply for the DIN, Approval of the Name Availability, Separate form for first Director, Registered office address, PAN, TAN etc. But this form is a single window for Incorporation of Company.
This form can be used for the following purposes:

1.) Application of DIN (upto 3 Directors)

2.) Application for Availability of Name

3.) No need to file separate form for first Director (DIR-12)

4.) No need to file separate form for address of registered office (INC-22)

5.) No need to file separate form for PAN & TAN

STEP IV: Preparation of MOA & AOA:
After proper filing of SPICE form applicant has to download the e-form INC-33 (MOA) and IN-34 (AOA) form the MCA site. After downloading of form fill all the information in the forms as per requirement of Table A to J of Schedule I.
After completely filing of the form affix DSC of all the subscribers and professional on subscriber sheet of the MOA & AOA.
STEP V: Fill details of PAN & TAN:
It is mandatory to mention the details of PAN & TAN in the Incorporation Form INC-32. Link to find out of Area Code to file PAN & TAN are given in Help Kit of SPICE Form.
STEP VI: Submission of INC-32, 33, 34 on MCA-:
Once all the 3 forms ready with the applicant, upload all three documentas Linked form on MCA website and make the payment of the same.
STEP VII: Certificate of Incorporation-:
Incorporation certificate shall be generating with CIN, PAN & TAN.

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