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INCORPORATION OF COMPANY

Applicable provisions:

Section 7 of Companies act 2013 read with rule9, 12, 13,14,15,16,17 and 18 of theCompanies(Incorporation) Rules, 2014 and other applicable provisions.

Introduction:

A company being an artificial entity comes into existence only after its registration with the Registrar of Companies. A number of formalities have to be completed before a request is made to the Registrar for its registration. A legal process has to be completed before a company obtains a separate legal entity. After ensuring that all necessary documents are filed, the Registrar of companies issues a Certificate of Incorporation. With this Certificate, the company becomes a separate legal entity.

Procedure to incorporate a Company:

To Incorporate a Company in India is just a simple 4-step process.

  • Application for approval of name
  • Obtaining Digital Signature Certificate(DSC)
  • Obtaining Director Identification Number (DIN)
  • Filing of Application in form Spice Plus to the Registrar of Companies (ROC) within whose jurisdiction the registered office of the Company is proposed to be situated for reservation of name and incorporation

Director Identification Number (DIN) can also be applied via Incorporation application form Spice Plus but for not more than 3 directors.

Documents required for Company Registration:

Directors and Subscribers:

In India, registration of a company requires true and fair particulars of the directors and subscribers along with the consent and declaration of directors and proper proof of identity and proof of address for all the directors and shareholders. Pan Card along with Aadhaar card/Diving license/passport can be submitted as proof of identity. Latest (not older than 2 months) Telephone Bill /Electricity Bill/ Bank Account Statement is to be submitted for proof of address.

Registered Office:

The Company must have a registered office in India. A legible copy of all the proof(s) of the registered office address must be filed to the ROC during incorporation or within 30 days of the Incorporation to verify the existence of the registered office address. Tenancy/rental agreement, the maintenance bill or the sale deed or a letter or NOC from the landlord with his/her permission to use the office as the company’s registered office can be filed as proofs for the registered office address.

Certificate of Incorporation

When all the required documents are filed with the Registrar along with the requisite fees, a scrutiny is made. When all documents are found in order, the Registrar will enter the name of the company in the Register of Companies and issues a Certificate of Incorporation. The date mentioned in the certificate is the date of incorporation of the company.

These are the basics of how to register a company. If you still need help registering your company, don’t stress over it, and let our team of experts guide you.

 
     
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