Steps to incorporate a Private Limited Company:
- 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 downloading 'Name Availability Guidelines, 2011 (General Circular No. 45/2011, Dated the 8th July, 2011 issued by Ministry of Corporate Affairs, Government of India) from our website.
- Apply to the concerned ROC to ascertain the availability of name in 'eForm1A' by logging in to the MCA portal. A fee of Rs. 1,000/- 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 to re-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 (Form 1, Form 18 and Form 32) within 60 days of name approval granted.
- Arrange for the drafting of the Memorandum and Articles of Association by the solicitors, the vetting of the same by the ROC and the printing of the same.
- Arrange for the stamping of the Memorandum and Articles with the appropriate stamp duty
- Get the Memorandum and Articles signed by at least two subscribers in his own hand, his/her father's name, occupation, address and the number of shares subscribed for and witnessed by atleast one person.
- Ensure that the Memorandum and Articles are dated after the date of stamping.
- Login to the MCA 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 these eForms signed digitally, 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.
- 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
Additional steps to be taken for registration of Section 25 Company:
To register a section 25 company, applicant is required to file Form 1A for name availability. Once the name is approved/made available, there is a further requirement of obtaining a license for a Section 25 Company, for which Form 24 A is to be filed in order to obtain a license for such company. After obtaining license number, applicant can proceed further to incorporate a company by filing e forms 1, 18 and 32.
Steps to be taken for registration of Foreign Company:
Any foreign company can establish its place of business in India by filling Form 44 (Documents delivered for registration by a foreign company). The eForm has to be digitally signed by authorized representative of the foreign company.
There is no need to apply and obtain DIN for Directors of a foreign company but the DSC of the authorized representative is mandatory, which again is not required to be registered on MCA Application.