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Company Formation in India
Procedures
Applicable law
The Indian Companies Act, 1956, this act
sets down rules for the establishment of public companies as well as private
companies.
Allotment of Director Identification Number
(DIN)
Application in Form Director
Identification Number (DIN-1) shall be made online and provisional Director
Identification Number (DIN) of the person intending to become director of
the Company would be generated. After allotment of provisional DIN number,
prescribed documents along with form DIN -1 are sent to DIN cell of ROC and
regular DIN is allotted.
Acquiring Digital Signature certificate
(DSC)
DSC is acquired after submitting the
application along with the prescribed fee to one of the several vendors like
TCS and Satyam. It is usually allotted in 1 or 2 days.
Name Approval of the company
An application in Form No. 1A is required
to be filed, properly filled, with the Registrar of Companies (ROC) online
with Digital Signature of one of the proposed directors. After submitting
this application, the ROC scrutinizes it and sends either approval or
objections in 3 or 4 days to the applicant through e-mail.
Procedure after name approval of the
company
An application for registration along with
the following documents are to be submitted to the Registrar of Companies:
- Memorandum of Association;
- Articles of Association;
- A declaration in Form 1 is to be submitted by a person named in
the articles of such 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 who is entitled to appear before the
High Court, or by a Chartered Accountant practicing in India who
states that all the requirements of the Companies Act 1956 and the
applicable rules with respect to the registration and other matters
have been complied with;
- The consent of each person who are prepared to act as directors;
- All the information about the directors, the managing directors,
managers and secretary must be submitted in a prescribed Form 32;
- All the information about the registered office in prescribed
Form 18;
- The power of attorney in favour of either one of the promoters or
any other person, authorizing him or her to make corrections in the
documents that has been submitted to the Registrar of Companies;
- The applicable registration fee to be payable to the Registrar of
Companies.
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