With the Enactment of New Companies Act, 2013 all the Forms, Documents, Fees and Other requirements relating to Company Incorporation have changed. There are a lot of changes in document requirement and a whole new set of documents have been made mandatory by the new act. In the following article we will try to make a simple step by step presentation on “How to Incorporate a Company Under Companies Act, 2013”.
STEP 1- GET DSC FOR THE DIRECTOR
The first step in registering a new company is to get a Digital Signature Certificate (DSC) for one of the Director of the proposed company. The DSC can be purchased from the RA of the DSC Certifying Authorities.
Time Duration- 5-7 Days
STEP 2- GET DIN FOR ALL THE PROPOSED DIRECTORS IN DIR-3
Next Step is to get Director Identification Number for the proposed directors of the company. Remember that minimum 2 and minimum 3 Directors are required for Private and Public Company respectively. The new Form for DIN application is DIR-3.
Attachments required with DIR-3 includes:
- A passport Size photo of the Director
- PAN of Director
- Proof of Residence of the Director
- Copy of Verification in Form DIR-4Time Duration- 1 Day*
STEP3- APPLY FOR NAME OF THE COMPANY IN FORM INC-1
Third Step in Company registration is to get name approved by filing form INC-1. In form INC-1 the promoters of Company can select up to 6 names for the proposed Company in their order of preference.
Attachments required with INC-1:
- Board Resolution from Existing Company, if the name of proposed company is similar to that of any Other CompanyTime Duration- 1 Day*
STEP 4- FILE FORM INC-7, INC-22 and DIR 12 FOR COMPANY INCORPORATION
After Getting the name approved the promoters of the company get 60 days time frame to file documents for Company Registrations. INC-7 for Application for Incorporation of Company, INC-22 For Registered Address of the Company and DIR-12 for the appointment of Directors and Managing Directors.
Attachments with INC-7
- MOA and AOA signed by all the Subscribers of the Company
- INC-8, signed by a Chartered Accountant/ Advocate/ Cost Accountant/ Company Secretary
- INC-9 form in Affidavit from each Subscriber
- Specimen Signatures and Photo of all the Subscribers to the Memorandum
- PAN of all the Subscribers
- Identity Proof Of all the Subscribers
- Proof of Residence of all the Subcribers
- NOC in case of change in Promoters
Attachments with INC-22
- Lease Deed
2 NOC from the Owner of Business Premises
- Proof of Ownership from the Owner (In the Form of Utility Bills)
Attachments with DIR-12
- INC-9 form in Affidavit from each Subscriber
- DIR-2 Deceleration from each DirectorTime Duration- 7-30 Days*
STEP 5-COMMENCMENT OF BUSINESS IN INC-21
After Receiving registration certificate and CIN of the company, file form INC-21 for Commencement of Business, as it is made mandatory for all the Companies.
Time Duration- 1-7 Days*
*The time Duration mention are as without taking into account errors in form for which Resubmission is allowed upto 1 time by MCA and other Backlogs in MCA.