STEP BY STEP PROCESS TO INCORPORATE PRIVATE LIMITED COMPANY UNDER COMPANIES ACT 2013

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:

1. A passport Size photo of the Director

2. PAN of Director

3. Proof of Residence of the Director

4. Copy of Verification in Form DIR-4

Time 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:

1. Board Resolution from Existing Company, if the name of proposed company is similar to that of any Other Company

Time 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

1. MOA and AOA signed by all the Subscribers of the Company

2. INC-8, signed by a Chartered Accountant/ Advocate/ Cost Accountant/ Company Secretary

3. INC-9 form in Affidavit from each Subscriber

4. Specimen Signatures and Photo of all the Subscribers to the Memorandum

5. PAN of all the Subscribers

6. Identity Proof Of all the Subscribers

7. Proof of Residence of all the Subcribers

8. NOC in case of change in Promoters

Attachments with INC-22

1. Lease Deed

2 NOC from the Owner of Business Premises

3. Proof of Ownership from the Owner (In the Form of Utility Bills)

Attachments with DIR-12

1. INC-9 form in Affidavit from each Subscriber

2. DIR-2 Deceleration from each Director

Time 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 allowd upto 1 time by MCA and other Backlogs in MCA.