incorporation of a company in india: a snap shot
DESCRIPTION
This Presentation provides a 'snap shot' view of the entire process of incorporation of a Company in IndiaTRANSCRIPT
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A SNAP SHOT
KAVITA MALHOTRABBPM LAW ASSOCIATES,
A-13, FIRST FLOOR, NIZAMUDDIN EAST, NEW DELHI-13,
TEL:011-41825911/22www. bbpmlaw.com
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BBPM LAW ASSOCIATES
COMPANIES
PRIVATE COMPANIES PUBLIC COMPANIES
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PRIVATE COMPANY
SHARE-HOLDERS: 2
DIRECTORS: 2
AUTHORISED CAPITAL: INR 1 LAKHS
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PUBLIC COMPANY
SHARE-HOLDERS: 7
DIRECTORS: 3
AUTHORISED CAPITAL: INR 5 LAKHS
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STEP 1: APPLY TO THE REGISTRAR OF COMPANIES (ROC) IN FORM-1A ALONGWITH THE FEES OF RS. 500 TO ASCERTAIN THE AVAILABILITY OF THE PRPOSED NAME OF A COMPANY;
STEP2: ON APPROVAL OF THE NAME THE ROC WILL ISSUE A NAME ALLOTMENT LETTER;
STEP 3: ON OBTAINING THE LETTER, DRAFT THE CONSTITUTIONAL DOCUMENTS OF THE PROPOSED COMPANY[i.e. MOA & AOA];
STEP 4: GET THE MOA & AOA VETTED BY THE ROC AND ON VETTING GET THEM PRINTED;
STEP 5: EXECUTE MOA & AOA BY STAMPING THEM WITH THE APPROPRIATE STAMP DUTY;
STEP 6: PROVIDE FOR SIGNING OF MOA & AOA BY THE PROMOTERS/SUBSCRIBERS IN THEIR OWN HANDWRITING & FILLING UP THE REQUISITE DETAILS IN THE PRESENCE OF A WITNESS;
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STEP 7: PERSON IN WHOSE PRESENCE THE MOA & AOA ARE SIGNED BY THE PROMOTERS MUST ALSO RECORD HIS SIGNATURE AND FURNISH DETAILS OF HIS OCCUPATION AND ADDRESS;
STEP 8: FILE WITH THE ROC THE DULY SIGNED, PRINTED AND EXECUTED MOA AND AOA ALONGWITH THE FOLLOWING FORMS: -
FORM 1 APPLICATION AND DECLARATION FOR INCORPORATION OF A COMPANY
FORM 18 NOTICE OF SITUATION OR CHANGE OF SITUATION OF REGISTERED OFFICE
FORM 32 PARTICULARS FOR APPOINTMENT OF DIRECTORS AND MANAGERS ETC.;
STEP 9: PAY THE STATUTORY FEES ALONGSIDE THE FILING OF ABOVEMENTIONED DOCUMENTS;
STEP 10: PROCURE CERTIFICATE OF INCORPORATION AND COMPANY SEAL FROM ROC;
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STEP 11: TAKE THE CONSENT OF THE PERSON WHO HAS BEEN PROPOSED AS A DIRECTOR OF THE COMPANY- FILL UP FORM 29.;
STEP 12: ARRANGE FOR PAYMENT OF APPLICATION AND ALLOTMENT MONEY BY DIRECTORS ON SHARES TAKEN AND AGREED TO BE TAKEN;
STEP 13: FILE THE STATEMENT IN LIEU OF PROSPECTUS WITH ROC IN SCHEDULE – III OF THE COMPANIES ACT [IF THE COMPANY DECIDES NOT TO ISSUE PROSPECTUS];
STEP 14: FILE A DECLARATION IN FORM 20 BY ONE OF THE DIRECTORS DECLARING THE COMPLIANCE OF SECTION 149(2)(b) OF THE COMPANIES ACT, 1956;
STEP 15: PROCURE THE CERTIFICATE OF COMMENCEMENT OF BUSINESS.
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THE PROPOSED NAME OF A COMPANY TO BE INCORPORATED REQUIRES APPROVALFROM THE CONCERNED ROC.
THE APPLICATION FOR THE APPROVAL OF NAME GOES THROUGH A CLOSE SCRUTINY FOR THE FACT THAT NO TWO COMPANY SHALL HAVE IDENTICAL OR SIMILAR NAMES.
THE NAME OF A COMPANY MUST BE UNIQUE AND IN CONSONANCE WITH ITS OBJECTS.
FOLLOWING PROCEDURE IS TO BE FOLLOWED FOR GETTING THE NAME AVAILABILITY, PROMOTERS/SUBSCRIBERS TO FILE FORM-1A GIVING THE FOLLOWING RELEVANTPARTICULAR
1. NAME OF PROMOTERS;
2. REGISTERED PLACE OF A COMPANY;
3. STATE WHETHER THE COMPANY IS A PUBLIC/PRIVATE COMPANY;
4. PROPOSED NAME OF THE COMPANY;
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5. ALTERNATIVES NAMES FOR THE PROPOSED COMPANY. IN TOTAL PROVIDE FOR SIX NAMES IN ORDER OF PREFERENCE;
6. STATE THE SIGNIFICANCE OF THE KEY WORD IN THE PROPOSED NAME;
7. BRIEF OBJECTS OF COMPANY;
8. PROPOSED DIRECTORS AND THEIR ADDRESSES;
9. AUTHORISED SHARE CAPITAL
FEES OF RS. 500 IS REQUIRED TO BE PAID ALONG WITH THE FORM;
THE PROCESS MIGHT TAKE 3-4 WORKING DAYS DEPENDING UPON THE EASY AVAILABILTY OF NAMES. IF THE PROPOSED AND THE ALTERNATIVE NAMES GET REJECTED THEN MORE ALTERNATIVE NAMES ARE TO BE PROVIDED FOR;
ONCE THE NAME IS APPROVED, THE ROC WILL INTIMATE THE SAME BY SENDING A LETTER AND WILL BLOCK THE NAME.
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THE MEMORANDUM OF ASSOCIATION & ARTICLES OF ASSOCIATION OF THE COMPANY;
DULY FILLED UP FOR FORM 1A i.e. APPLICATION FOR NAME OF THE COMPANY;
DULY FILLED UP FORM 1 i.e. APPLICATION AND DECLARATION FOR INCORPORATION OF A COMPANY
DULY FILLED UP FORM 18 i.e. NOTICE OF SITUATION OR CHANGE OF SITUATION OF REGISTERED OFFICE
DULY FILLED UP FORM 32 i.e. PARTICULARS FOR APPOINTMENT OF DIRECTORS AND MANAGERS ETC.;
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OBTAIN DIN [DIRECTORS INDENTIFICATION NUMBER] FOR ALL THE PROPOSED DIRECTORS & ATLEAST ONE DIGITAL SIGNATURE CERTIFICATE FOR AT LEAST ONE DIRECTORS;
DULLY FILLED UP FORM NO. 29 i.e. CONSENT BY A PROPOSED DIRECTOR [ IN CASE OF A PUBLIC LIMITED COMPANY]
IN ADDITION TO THE DOCUMENTS MENTIONED HEREINABOVE THE FOLLOWING DOCUMENTS ARE REQUIRED WHILE INCORPORATION/REGISTRATION: -
A. 3 PHOTOGRAPHS OF EACH DIRECTOR;
B. ONE IDENTIFICATION PROOF [DRIVING LICENCE/PASSPORT];
C. ONE RESIDENTIAL PROOF [PASSPORT/BANK STATEMENT];
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THE FEES REQUIRED TO BE PAID TO THE ROC FOR INCORPORATING A COMPANY IS HEREUNDER:
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AUTHORISED CAPITAL INCREMENTAL CAPITAL FEE/INCREMENTAL FEE (INR)
UPTO INR 1,00,000 4,000
FROM INR 1,00,000 TO INR 5,00,000
FOR EVERY INR 10,000 @300
FROM INR 5,00,000 TO INR 50,00,000
FOR EVERY INR 10,000 @200
FROM INR 50,00,000 TO INR 10, 000,000
FOR EVERY INR 10,000 @100
OVER INR 10,000,000 FOR EVERY INR 10,000 @50
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