Applicable law

The Indian Companies Act, 1956 and Companies Act 2013

For company registrations In India, the Companies Act sets down rules for the establishment of both public and private companies.

Allotment of Director Identification Number (DIN)

Application in Form DIR-3 shall be made online and provisional DIN number of the person intending to become director of the Company shall be generated.

Acquiring Digital Signature certificate (DSC)

Digital Signature Certificate is acquired by submitting the application along with prescribed fee to one of the various vendors. On submission of documents, DSC is allotted in 2-3 days.

Name Approval of the company

An application in Form No. INC 1 needs to be filed with the Registrar of Companies (ROC) online through Digital Signature of one of the proposed director. On submitting the application, the ROC scrutinizes the same and sends the approval / objections in about 3-4 days to the applicant through e-mail.

Procedure after name approval of the company

An application for registration should be submitted to the Registrar of Companies with the following documents:

• Memorandum of Association;
• Articles of Association;
• A declaration in Form INC-7 by a person named in the articles of the proposed company as a director, manager, or secretary of the company, or by an advocate of the Supreme Court or High Court, or by an attorney entitled to appear before the High Court, or by a Chartered Accountant practicing in India stating that all the requirements of the Companies Act and the applicable rules with respect to the registration and other matters have been complied with;
• A list of persons who have consented to act as directors of the company.
• Consent of every person prepared to act as a director.
• Information about directors, managing directors, managers and secretary must be submitted in a prescribed Form DIR-12.
• Information about the registered office in prescribed Form INC-22
• Power of attorney in favour of one of the promoters or any other person, authorizing him/her to make corrections in the documents submitted to the Registrar of Companies,
• Applicable registration fee payable to the Registrar of Companies.

Checklist

Details of proposed company to be incorporated

• Proposed names of the company in order of preference.
• Main objects of the company.
• Authorized share capital of the company

Details of Directors

• Complete Name
• Address including (city, state, pincode, country)
• Fathers Name
• Date of Birth
• Nationality
• Occupation
• Three photographs of every proposed Director. (scanned photographs will do)
• Copy of passport as a proof of identity and copy of proof of address (electricity bill/ telephone bill/ bank statement/driving license). (scanned copy will do)

Details of Shareholders

Individual

• Complete Name
• Address including (city, state, pin-code, country)
• Fathers Name
• Date of Birth
• Nationality
• Occupation
• Three photographs of every proposed shareholder. (scanned photographs will do)
• Copy of passport as a proof of identity and copy of proof of address (electricity bill/ telephone bill/ bank statement/driving license). (scanned copy will do)

Corporate Shareholders

• Copy of Certificate of incorporation
• Copy of Memorandum and Articles of Association
• Board resolution of the existing company authorizing for shareholding in the proposed company.