A Company can be incorporated in two ways: –
a) Using Non Integrated Forms (i.e. a series of forms)
b) Using new Integrated Form INC 29
Using Non Integrated Forms i.e. a series of forms:
We have to file the relevant forms and follow the following steps to incorporate a Company :
- Obtain Director Identification Number DIN for proposed Directors of the new Company in Form DIR-3.
- Obtain Digtal Signature Certificate DSC for proposed Directors of the Company.
- Filing the proposed name of company for approval to the Registrar of Companies (ROC) using E-Form INC-1.
- Draft the Memorandum of Asociation and Articles of Association and get it printed.
- Filing of E-forms with Registrar of Companies (ROC)
a) Form INC-7 for application of incorporation of the Company.
b) Form INC-22 for notice of situation of registered office.
c) Form DIR -12 for providing information about particulars of appointment of Directors of the Company and Key managerial Personnel.
d) Payment of ROC fees and Stamp Duty electronically.
After verification of documents/ forms by ROC and approval of the same by ROC, the Certificate of Incorporation is issued to the Company, after which Company can start its operations.
Using New Integrated Form INC 29 The INC-29, a 5-in-1 form for company registration, combines the application for DIN allotment, name reservation, incorporation and even PAN & TAN, while making the process cheaper. To file Form INC-29, the digital signature of one of the Directors will be required. Hence, Digital Signature must be obtained for one of the proposed Directors of the Company. Following points relates to Form INC -29:
- DIN application can be made in the Form INC-29 itself for maximum three Directors cum subscribers.
- Only one name can be provided while using INC Form 29. Therefore, it is important that the name provided be strictly in accordance with the Guidelines for Naming a Company, as per the Companies Act, 2013.
- Following list of incorporation documents must be prepared, signed by the Directors/ Subscribers and attached with Form INC-29.
a) Memorandum of Association (MOA)
b) Articles of Association (AOA)
c) Affidavit and declaration by first Subscribers and Directors.
d) Proof for Registered Office Address – Rental Agreement / Sale Deed/ Lease Deed.
e) Copies of utility bill of the registered office address that should not be older than 2 months.
f) If the proposed company name is a filed or registered trademark, then NOC from the trademark applicant or owner must be attached.