The Registrars of Companies in different States primarily deal with the Incorporation of companies, change of name of companies, change of financial year, conversion of companies from Private to Public and vice versa, striking off of the names of companies, and default action against companies.
Steps to be taken
to get incorporated a Private Limited Company:
- Obtaining Director Identification Number (DIN) for the
Directors/Promoters.
The concept of a Director Identification Number
(DIN) has been introduced for the first time with the insertion of Sections
266A to 266G of Companies (Amendment) Act, 2006. As such, all the existing and
intending Directors have to obtain DIN within the prescribed time-frame as
notified. You need to file
eForm DIN-1 in order to obtain DIN.
- Obtaining Digital Signature (DSC) for one applicant.
- The Information Technology Act, 2000 provides for use of Digital Signatures on the documents submitted in electronic form in order to ensure the security and authenticity of the documents filed electronically. This is the only secure and authentic way that a document can be submitted electronically. As such, all filings done by the companies under MCA21 e-Governance programme are required to be filed with the use of Digital Signatures by the person authorised to sign the documents. Acquire DSC -A licensed Certifying Authority (CA) issues the digital signature. Certifying Authority (CA) means a person who has been granted a license to issue a digital signature certificate under Section 24 of the Indian IT-Act 2000.Register DSC -Role check for Indian companies is to be implemented in the MCA application. Role check can be performed only after the signatories have registered their Digital signature certificates (DSC) with MCA.
- Select, in order of preference, a few suitable names, not
less than four, indicative of the main objects of the company.
- Ensure that the name does not resemble the name of any other
company already registered and also does not violate the provisions of
Emblems and Names (Prevention of Improper Use) Act, 1950.
- Apply to the concerned ROC to ascertain the availability of a
name by filing Form 1A along with a fee of Rs.1000/- If the proposed name
is not available apply for a fresh name on the same application.
- 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.
- Now days online stamp duty is paid the stamping of the
Memorandum and Articles.
- Get the Memorandum and Articles signed by at least two
subscribers in his own hand, his father's name, occupation, address and
the number of shares subscribed for and witnessed by at least one person.
- Get the following forms duly filled up and signed:
- Declaration of Compliance
- Notice of the situation of the
registered office of the company
- Particulars of the Director, Manager or
Secretary
- Online File the following documents to the ROC with the
filing fee and the registration fee:
- Signed copies of the Memorandum and
Articles of Association.
- Form-1, 18 & 32.
- Power of Attorney from the subscribers
in favour of any person for making corrections on their behalf in the
documents and papers filed for registration.
- Obtain the Certificate of Incorporation
from ROC.
Additional Steps
to be taken for formation of a Public Limited Company
- Consent of Directors to act
as such in Form No.29.
- Holding Statutory Meeting
for and filing related documents with ROC.
- Obtain the Certificate of
Commencement of Business.
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