Home > Companies Act 2013 > Incorporation of Company > Incorporation of Private Company

Incorporation of Private Company

Minimum requirement for creating a private company

  1. Minimum 2 directors – Only individuals can become Directors, one of whom must be resident in India. However, only one director is required in case of One Person Company.
  2. Minimum 2 Subscribers.
  3. The Directors and Subscribers can be the same person.
  4. Pan Card of all subscribers and directors.
  5. Approved DIN (Director Identification Number) of all Directors
  6. DSC (Digital Signature Certificate) of at least one Director

Steps for creating a private company

Step 1 – Obtain Approved Director Identification Number (Din) Of All Director

Step 2 – Application For Reservation Of Name Of The Company

Step 3 – Preparation And Collection Of The Documents For Registration Of The Company

Step 4 – Filing Of Documents For Registration Of The Company

Step 5 – Certificate Of Incorporation Of The Company

Step 1 – OBTAIN APPROVED DIRECTOR IDENTIFICATION NUMBER (DIN) OF ALL DIRECTORS

In case if the directors already have approved DIN, then the such DIN shall be used.

Incase if the directors do not have approved DIN, then an Application for allotment of DIN is required to be filed. The Application shall be made in e-Form DIR-3. The Following are the documents and information of applicant are required for E-Form DIR-3:-

Indian National

  1. Identity Proof: Copy of PAN Card is mandatory.
  2. Address Proof: Copy of Adhaar Card, Voter Id, Driving License, Ration Card or Passport.
  3. Photo :- Latest Passport Size Photo
  4. Current Occupation
  5. Educational Qualification
  6. Email Address
  7. Phone No.
  8. Verification of applicant: Affidavit shall be signed by the applicant. The Prescribed Format is DIR-4

Foreign National 

  1. Identity Proof: Copy of Passport is mandatory.
  2. Address Proof: Copy of Adhaar Card, Voter Id, Driving License, Ration Card or Passport.
  3. Photo :- Latest Passport Size Photo
  4. Current Occupation
  5. Educational Qualification
  6. Email Address
  7. Phone No.
  8. Verification of applicant: Affidavit shall be signed by the applicant. The Prescribed Format is DIR-4

Notes:

  1. All the documents shall be self attested by the Applicant.
  2. Digital Signature Certificate (DSC) of Class II of the Applicant is required.

Step 2 – APPLICATION FOR RESERVATION OF NAME OF THE COMPANY:

The Application for the reservation of name of the company shall be made in e-Form INC-1 with the Registrar of Companies. The Following documents and information are required to file e-Form INC-1:-

    1. The Brief Description of the main objects of the company.
    2. Mention 6 names in sequence of the priority/preference along with the significance of the name.
    3. In case if the name is the registered trademark, then furnish the No Objection Certificate from the trademark holder.

Step 3 – PREPARATION AND COLLECTION OF THE DOCUMENTS FOR REGISTRATION OF THE COMPANY

Within Sixty Days from the date of application made in e-form INC-1, the forms for the registration of the company shall be made.

The following documents are required to register a company:-

  1. Memorandum of Association (MOA) of the Company
    The MOA of the company shall be in format prescribed in Schedule I of the Act.
  1. Articles of Association (AOA) of the Company
    The AOA of the company shall be in format prescribed in Schedule I of the Act.
  1. Declaration by the subscribers: Format INC-9
  1. Declaration by Professional : Format INC-8
  1. Verification of the signature of subscribers : Format INC 10
  1. Copy of PAN card (Indian National) and Passport (Foreign National) of all the subscribers.
  1. Identity Proof of all subscribers: Copy of any of the following: Addhar Card, Voter ID, Passport or Driving License
  1. Address Proof of all subscribers: Copy of any of the following: Bank Statement, Electricity Bill, Telephone Bill or Mobile Bill. All not older than 2 months.
  1. Consent from Directors – Format DIR-2
  1. Registered Office of the company:

Taken on Lease by the Company: The Following Documents are required:-
Rent Agreement, Rent Receipt and Utility Bill. (Bill shall not be older than 2 months.)

Not taken on Lease by the Company: The Following Documents are required:-
Conveyance/Tiltle Deed, No Objection Certificate from the owner and Utility Bill. (Bill shall not be older than 2 months.)

Step 4 – FILING OF DOCUMENTS FOR REGISTRATION OF THE COMPANY:-

The documents mentioned in the Step 3 shall be filed in following Forms:

  1. E-Form INC-7Application for Incorporation of the Company
    Attachments: – Documents specify in the points 1 to 8 of the Step -3.
  1. E- form DIR-12Appointment of Directors
    Attachments: – Documents specify in the points 9 of the Step -3.
  1. E-Form INC-22Notice of situation of the Registered Office of the Company.
    Attachments: – Documents specify in the points 10 of the Step -3.

Notes:

  1. Stamp Duty shall be payable.

Step 5 – CERTIFICATE OF INCORPORATION OF THE COMPANY:-

The Concerned Registrar of Companies (ROC) shall examine the Forms filed in the Step – 4 and if found proper and in order then the ROC shall issue the Certificate of Incorporation of the Company.

From the date of incorporation of the company, the company shall come in existence as artificial person.

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