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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.


INDIAN CHARTERED ACCOUNTANTS



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