Tuesday, July 4, 2017

How to Apply for the company to be registered

Apply for the company to be registered
This is the final major step in a registration of your company which includes incorporating
company name, Registering the office address or notice of situation of office and notice for
appointment of company directors, manager and secretary. And also regarding the take and
pay for their qualification shares.
Prerequisite for Virtual eFiling
1. Install the following prerequisite software:
 Windows 2000 / Windows XP / Windows Vista / Windows 7 – Operating
System
 Internet Explorere v6.0 and above, Google Chrome, Mozilla Firefox
 Adobe Reader from version 7.5 to version 10.1.4
 Java Runtime Environment (JRE – latest version freely downloadable from
www.sun.com)
2. Get yourself registered at the portal (www.mca.gov.in)
3. Obtains a Director Identification Number (DIN).
4. Obtain a Digital Signature Certificate (DSC).
5. Broadband Internet connectivity or higher.
6. A scanner (above 200 DPI) for converting the attachments in the PDF format.
Steps:
I. Fill Form-1A for obtaining the name for the company - online
For obtaining name for your new company, An application in Form-1A needs to be
filed with the Registrar of Companies (ROC) of the state in which the Registered
Office of the proposed Company is to be situated to ascertain the availability of a
name along with an official service fee of Rs.500. You also have to provide the
following information in the form.
• Name of the proposed company (Minimum 4 alternative names, maximum 6).
Indicate the order of preference. Ensure that the company name is in
accordance to the guidelines of the MCA, and also ensure the name is unique and
does not resemble the name of any existing company in India. The company name
must end with the words ‘Private Limited’ or ‘PVT Ltd’. In order to have specific key
words in the name such as corporation, International, Hindustan, Industries, India etc.,
the proposed company should satisfy a minimum authorized capital criteria.
• Location of registered office of the proposed company
• Main Objectives of the business of the company
• Names and addresses of the directors
• Proposed Authorized Share Capital of the Company
• DIN & DSC
Submit duly filled form to the Registrar along with fee of Rs. 500. The Registrar shall
intimate, within two to three days, whether the proposed name is available or not. If the
preferred name is not available apply for a fresh name on the same application. The name
made available by the Registrar shall be valid for a period of six months. In case, if the
company is not incorporated within this validity period, an application may be made for
renewal of name by paying additional fees. Otherwise the name approval process has to be
repeated by submitting new application after payment of requisite fees.
In about 10 days, the ROC will inform you about approval or objections. If there are any
objections then ROC will suggest you with some available names and let you choose among
them. If your company name is approved then you will receive a formal letter regarding the
confirmation of the same. Keep the same which will be required during registration process
of the proposed company.
II. Prepare documents
After obtaining name approval from the ROC the following documents must be prepared to
incorporate the company
• Memorandum of Association (MOA) The Memorandum of Association is a document that
sets out the constitution of the company. It contains, amongst others, the objectives and the
scope of activity of the company and also describes the relationship of the company with the
outside world.
• Articles of Association (AOA) The Articles of Association contains the rules and
regulations of the company for the management of its internal affairs. While the
Memorandum specifies the objectives and purposes for which the Company has been formed,
the Articles lay down the rules and regulations for achieving those objectives and purposes. It
also states the authorized share capital of the proposed company and the names of its first /
permanent directors. Professional help is to be sought in the drafting of the MOA and AOA,
as it contains the governing policies, rules and by-laws of the proposed venture. The draft
must be carefully vetted by the promoters before printing and stamping.
The MOA and AOA must be signed by at least two subscribers in his own hand, along with
father’s name, occupation, address and the number of shares subscribed for and witnessed by
at least one person. Then the MOA and AOA are required to be stamped & filed with the
ROC. A stamp duty is required to be paid on the MOA and on the AOA. The stamp duty
depends on the authorized share capital and varies between states. Details of applicable stamp
duty can be obtained from here. eStamping facility is now available via MCA’s portal. The
document preparation process may take five to seven days.
• Form 1 – providing details of promoters of the company
• Form 18 – providing details of address of the registered office of the company
• Form 32 – providing details of Directors, managers and secretaries of the company

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