Company Formation

COMPANY REGISTRATION

1. PRIVATE LIMITED AND LIMITED COMPANY

a. Provide six names in priority, for the company to be incorporated. one name out of six names would be approved by the registrar. six names are though not required and Form INC-1 can be filled with only one name.

b. Provide reasons in brief for suggesting these six names.

c. Director and subscriber details required are name ,address, date of birth, email id, mobile no., nationality, occupation &fathers name (minimum two directors and two subscriber are required to form the company. there may be more than two directors and subscriber. PAN card is mandatory.

d. Self attested identity proof directors. Identity Proof any one of the: Driving License, Voter Card, Adhaar Card, or Passport. In case of non-Indian, Passport is mandatory.

e. Self attested address proof of directors. Address proof any one of the: Electricity bill, mobile bill, gas bill or telephone bill. The bill should not be older than 2 months.

f. Four photographs of each directors

g. Details of business of the company

h. Complete postal address which would be the registered address of the company. address should be of Delhi or Haryana. Address proof required is either of rent agreement, lease papers, electricity bill or water bill.

i. The amount which would be authorized capital of the company. Minimum authorized capital should be Rs.100000 in case of Private Limited and Rs.500000 lakh in case of Limited

j. The distribution of shares between the subscribers of the share capital should be specified.

k. In case of non Indian director, the identity and address proof need to be notarized by the country of residence or certified by the Indian embassy of the country of residence instead of notarized or consularized , it can also be apostilled.

l. In case of non Indian director, the memorandum or articles need to be notarized by the country of residence or certified by the Indian embassy of the residence instead of notarized or consularized, it can also be apostilled.

m. Prepare the Memorandum and Articles of Association. The same must be vetted by the ROC and later printed.

n. The Memorandum and Articles should be stamped with the applicable stamp duty.

o. The Memorandum and Articles should be signed by at least two subscribers in their own hand, with their father’s name, occupation, address and the number of shares subscribed for under the witness of at least one person. It should be ensured that the Memorandum and Articles are dated after the date of stamping.

p. Form INC-7 being the declaration of the fulfillment of all formalities needs to be filed by us. Signed copies of MOA, AOA and POA needs to be attached and uploaded with Form INC-7. The size of Form INC-7 shall not be more than 4.50 MB.

q. Fill up the following forms online and sign (Digitally)

  1. Declaration of compliance – Form-INC-7.
  2. Notice of the situation of the registered office of the company  INC-22.
  3. Particulars of the Director, Manager or Secretary – DIR-12.
  4. Declaration by CA in Form INC-8.
  5. Affidavit for non-acceptance of deposit.
  6. Affidavit by each promoter and each director in Form INC-9.
  7. Consent to act as Directors in Form DIR-2.
  8. Verification of signatures of subscribers in Form INC-10.

r. Submit the following documents to the ROC with necessary filing and registration fee

  1. Stamped and signed copies of the Memorandum and Articles of Association.
  2. The above stated Forms.
  3. Agreement referred to in the M & A (if any)
  4. Any agreement proposed to be entered into with an individual to function as Managing or whole time Director or Consent letters from proposed directors.
  5. The name is approved for 60 days from the date of approval. If the approval expires and the documents have been prepared on the basis of first approval, then the same documents can be used. In such circumstance, fresh approval should be taken for the same approval.
  6. Power of Attorney signed by the subscribers favoring a person to make corrections on their behalf in the documents and papers filed for registration in Rs.10/- stamp paper.
  7. The Registration and filling fees must be paid either by credit card, net banking or through challan in bank
  8. Obtain the certificate of incorporation from ROC.

s. The Fees payable to the Registrar of Companies for filing the above forms depend on the Authorised Capital of the Proposed Company.

t. Rates of Stamp duty are as follows:-

Name of State Form-1 MOA AOA
Delhi(companies having share capital other than section 25) 10 200 0.15% of authorize share capital subject to maximum stamp duty of Rs 25 lakhs.
Delhi (companies not having share capital other than section 25) 10 200 200
Delhi (section 25 companies) 10 >Nil Nil

u. In case of non-resident promoter, if the documents are “Apostilled”, then notary and consulate stamp are not required.

v. In case of non-resident promoter, the power of attorney, moa and aoa needs to be notarized and consularized.

w. If the non-resident represents another company, the Board resolution of that company needs to be attached. The resolution needs to be taken in the letter head of that company and notarized plus consularized.