Shambasiv (n/a) 26 December 2007

Incoporation of company

What are the formalities for incorporation of a company. Is there any guide for the same with full details?

3 Replies

Prakash Yedhula (Lawyer) 13 January 2008

Procedure for Registration of Private Limited Company

1) An application for approval of name is to be filed with the Registrar of Companies in Form No. 1A.

2) Within seven to ten days, the Registrar of Companies sends an intimation to the applicant about the availability of the proposed name of the Company. Once, the name is approved, it is valid for a period of six months.

3) The applicant has to then prepare an application for Registration. The following are the documents to be submitted at the time of Registration :

a) Three copies of draft Memorandum & Articles of Association out of which one copy should be duly stamped with the necessary stamp duty.

b) The necessary Filing Fees. The same may be paid by a Demand Draft in the name of Registrar of Companies

c) The original copy of the name approval letter.

d) Form No. 1 duly typed on a stamp paper and duly signed.

e) Form No. 18 duly typed and signed.

f) Form No.32 duly filled in and signed (in duplicate).

4) On submission of the said documents, a receipt is issued by the Registrar of Companies on which a date is specified.

5) On the appointed date, the prospective director or his authorised representative has to visit the office of the Registrar of Companies and make the necessary changes in the various documents as suggested by the Registrar of Companies.

6) On completion of the said changes, the said documents may be submitted to the Registrar of Companies. The Registrar verifies the changes made and checks whether all the formalities have been completed.

7) The Registrar of Companies issues a Certificate of Incorporation in the name of the Company.

bupesh (n/a) 13 January 2008

Steps to be taken to get a new company incorporated:

[*] Select, in order of preference, at least one suitable name upto a maximum of six names, indicative of the main objects of the company.[/*] [*] Ensure that the name does not resemble the name of any other already registered company and also does not violate the provisions of emblems and names (Prevention of Improper Use Act, 1950) by availing the services of checking name availability on the portal.[/*] [*] Apply to the concerned RoC to ascertain the availability of name in eForm1 A by logging in to the portal. A fee of Rs. 500/- has to be paid alongside and the digital signature of the applicant proposing the company has to be attached in the form. If proposed name is not available, the user has apply for a fresh name on the same application. [/*] [*]After the name approval the applicant can apply for registration of the new company by filing the required forms (that is Form 1, 18 and 32) within six months of name approval [/*] [*] Arrange for the drafting of the memorandum and articles of association by the solicitors, vetting of the same by RoC and printing of the same. [/*] [*] Arrange for stamping of the memorandum and aticles with the appropriate stamp duty. [/*] [*] Get the Memorandum and the Articles signed by at least two subscribers in his/her own hand, his/her father's name, occupation, address and the number of shares subscribed for and witnessed by at least one person. [/*] [*] Ensure that the Memorandum and Article is dated on a date after the date of stamping.[/*] [*] Login to the portal and fill the following forms and attach the mandatory documents listed in the eForm

      Declaration of compliance - Form-1

      Notice of situation of registered office of the company - Form-18.

      Particulars of the Director's, Manager or Secretary - Form-32.

Submit the following eForms after attaching the digital signature, pay the requisite filing and registration fees and send the physical copy of Memorandum and Article of Association to the RoC [/*] [*]After processing of the Form is complete and Corporate Identity is generated obtain Certificate of Incorporation from RoC.[/*]

Additional steps to be taken for formation of a Public Limited Company: To obtain Commencement of Business Certificate after incorporation of the company the public company has to make following compliance [*] File a declaration in eForm 20 and attach the statement in lieu of the prospectus(schedule III) OR[/*] [*]File a declaration in eForm 19 and attach the prospectus (Schedule II) to it.[/*] [*] Obtain the Certificate of Commencement of Business. [/*]

Additional steps to be taken for registration of a Part IX Company: The Part IX Company is required to file eForm 37 and eForm 39 apart from filing eForm 1, 18 and 32. The company is required to file eForm 1 first and then the company can file all the other eForms (18, 32, 37 and 39) simultaneously or separately[img]chrome://piclens/content/launch.png[/img] [img]chrome://piclens/content/launch.png[/img]