In India, the procedure for incorporation of company involves various steps such as registering business names, drafting of charter documents such as MoA and AoA, filling and authenticating prescribed forms via DSC, and so on. In this write-up, you would come across a step-by-step procedure for incorporation of company in India.
Procedure for incorporation of company: Step by Step Method
Following is the detailed procedure for incorporation of company in India.
Step 1: Go for name approval
Visit and create an account on the MCA website. Select the NEW APPLICATION option for name reservation. This Spice + Part A window shall be prompted for choosing and filling the given heads:
- Company’s type
- Company’s Class
- Company’s category
- Company’s Sub-category
- The primary division of the Industrial Activity of the company
- Main Division’s Description
- 2 Proposed Names
- Any other relevant documentation can be attached. Ex- Trademark registration certificate, Object Clause of the Company, or Board Resolution’s, if any.
- Choose Auto check>Save>Submit
Once submitted, CRC shall deliver the mail on the applicant’s registered mail ID either for approval or rejection or resubmission of the proposed name.
Step 2: Fill Part B of Spice + web-form
Post-approval from CRC, application no. shall be generated for each company
Tap on the tab called “Existing Applications” and list of application information shall be prompted on the screen
Note: There is an option of filtration of date for selecting the application information.
SPICE+ web-from shall be filed with AoA and MoA as attachments if there are more than seven subscribers.
There is a link on application no. which shall redirect the applicant to fill in further information by selecting Fill Button in Part B.
- Company structure
- Company Address
- Details about Subscriber and Directors
- Particulars of Subscribers and Director Details by selecting add/edit link.
- Stamp Duty
- PAN & TAN details
- Requisite Attachments to be done
- Declaration to be checked
- Declaration and Certification accorded by the Professional (CA, CS or CMA)
- After completing these details and uploading the attachments, Prescrutiny and Submit ought to be clicked.
Step 3: Submit Spice+ MoA
Need to opt for the tap called Fill Button which shall redirect to fill the given information;
- Choose the table applicable to the organization
- The name of the organization is prefilled
- The registered office of the entity is prefilled
- Enclose the main objects of the company
- Matters necessary for the furtherance of the entity’s main objects
- The members’ liability is limited (need not to fill)
- Company’s share capital
- Declaration
- Details of the Subscribers
- Signed before professional
- Tap on the Check form> Save button> Submit Button
Step 4: Submit Spice + AoA
Need to tap on the Fill Button which shall open the new window where the following details need to be filled.
- Choose the table as applicable to the organization
- The company’s name is prefilled
- Subscribers’ details
- Choose check form- the pop-up message prompts
- Then, choose the save tab as advised by the pop-up message display
- Finally, tap on the top on the option called Submit
Step 5: Affix the DSC of Directors and Subscribers
INC-9 shall be auto-generated and the same must be downloaded for affixing the DSC of the concerned Directors and Subscribers. Upload the INC-9 form as the linked form along with the SPICE+ forms
Step 6: Validate the form
All check forms, as well as pre-scrutiny authentication; will take place on the web form itself. DSC and other validations will occur at the Upload level or Stage on MCA Portal
Mandatory Attachments for Spice+ Web form
| Pvt. Ltd. Company (OPC) | Private Limited Company | Section 8 Company | Private Limited (Foreign Subsidiary) |
| first directors and subscribers declaration | first director(s) and subscriber(s) declaration | Memorandum of Association (MoA) | Memorandum of Association (Moa) |
| Address proof of office | Address proof of office | Articles of Association | Articles of Association |
| Copy of utility bills such as electricity bill, gas bill, water bill, etc | Copy of utility bills such as electricity bill, gas bill, water bill, etc | Declaration by the first director(s) and subscriber(s) | Declaration by the first director(s) and subscriber(s) |
| Consent of Nominee (INC–3) | Identity and address proof of a subscribers | Address proof of office | Address proof of office |
| Identity and address proof of subscribers | Identity and address proof of Applicants | Copy of utility bills such as electricity bill, gas bill, water bill, etc | Copy of utility bills |
| Identity and address proof of the nominee | Identity and address proof of subscribers | Copy of certificate of incorporation (COI) of foreign body corporate (if any) | |
| Proof of identity and address of Applicants | Identity and address proof of the Applicants | A resolution passed by the promote company | |
| Declaration in Form INC – 14 | Identity and address proof of the subscribers | ||
| Declaration in Form INC – 15 | Identity and address proof of Applicants | ||
| Optional attachments | Optional attachments | Optional attachments | Optional attachments |
| Attachments – Part A | Attachments – Part A | Attachments – Part A | Attachments – Part A |
The attachments are cited specifically for incorporation of 4 types of pvt. Ltd. company
For AGILE-PRO:
- Proof regarding the principal business place
- Proof regarding the appointment of Authorised Signatory for GSTIN
- Either of the dossiers – Copy of board-authorized Resolution/ Letter of Authorisation/ Managing Committee and Acceptance Letter
- Identification proof of Authorised Signatory for bank account opening.
- Authorized Signatory’s address proof for bank account opening.
- Signature of Authorised Signatory for EPFO[1]
Conclusion
The procedure for incorporation of company entails various delicate steps that need to be fulfilled cautiously by the applicant. This would help them avert any chances of resubmission or cancellation. Accurate documentation is key to a successful incorporation process. Therefore, make sure to upload the documents as recommended by the authority and in a proper format. If you run into some technical or legal trouble, feel free to connect with Corpbiz professionals for seamless services and assistance regarding company incorporation.
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