Tuesday, 22 January 2013

Company Formation in India


Company Formation in India
A.    Minimum requirements for forming Private Limited Company in India
·         Minimum 2 Directors
·         Minimum 2 Shareholders (Directors and Shareholders can be same person)
·         Minimum Sharecapital shall be Rs. 1,00,000 (INR One Lac)

B.     Process to form Company

1.      Obtain Director Identification Number (DIN ) & Digital Signature (DSC )

Director Identification Number (DIN) is a unique identification number issued by the Ministry of Corporate Affairs (MCA) for a person intending to become a director of a company.

Documents required for obtaining DIN:
·         Address Proof:            Self attested copy of Passport
Or
Self attested copy of Driving License
Or
Self attested copy of Utility Bill (Electricity Bill/ Telephone Bill)     not older than 30 days
Or
Self attested copy of Bank Statement duly certified by Bank Manager
Please note that the Address Proof must contain PIN CODE
·         Identity Proof:            Self attested copy of PAN Card (Income Tax Permanent
Account Number) in case the applicant is Indian National
PAN Card as Identity Proof is mandatory.

Apostilled/ Notarised copy of Passport in case applicant is a Foreign National

·         Passport Size Photograph
·         Email Address of the Applicant
·         Mobile Number
·         Current Occupation
·         Proof for Educational Qualification like self attested copy of Degree Certificate like B.Com, MBA, etc.)
·         Affidavit to be signed by the applicant duly notarized on Rs. 100 Stamp Paper (Format shall be provided by us)


Digital Signature Certificates (DSC) are the digital equivalent (that is electronic format) of physical or paper certificates. Examples of physical certificates are drivers' licenses, passports or membership cards. Certificates serve as proof of identity of an individual for a certain purpose; for example, a driver's license identifies someone who can legally drive in a particular country. Likewise, a digital certificate can be presented electronically to prove your identity, to access information or services on the Internet or to sign certain documents digitally. 

Documents required for obtaining DSC:
·         Duly signed DSC Application Form
·         Address Proof:            Self attested copy of Passport
Or
Self attested copy of Driving License
Or
Self attested copy of Utility Bill (Electricity Bill/ Telephone Bill)     not older than 30 days
Or
Self attested copy of Bank Statement duly certified by Bank Manager
Please note that the Address Proof must contain PIN CODE
·         Identity Proof:            Self attested copy of PAN Card (Income Tax Permanent
Account Number) in case the applicant is Indian National
PAN Card as Identity Proof is mandatory.

Apostilled/ Notarised copy of Passport in case applicant is a Foreign National

·         Passport Size Photograph
·         Email Address of the Applicant
·         Mobile Number


2.      Search for Name Availability
Applicant has choices to apply for 6 Preferences as per their priority. Applicant must keep in mind the name guidelines issued by Ministry of Corporate of Affairs (MCA) before selecting the desired name for the company.

3.      Application for Name Approval
After the name is searched and 6 choices have been finalized, then, the applicant can apply for Name approval in prescribed form at MCA. Please note that in this form, applicant has to mention main objects of the proposed company.

4.      Drafting Memorandum of Association & Articles of Association

Memorandum of Association: The memorandum is the company's charter. It states the company's name; the situation of its registered office; its share capital; the fact that liability is limited and, most importantly, the object for which the company has been formed.

Articles of Association: The document contains the internal regulations of the company, the relationship of the company to its shareholders and the relationship between the individual shareholders. 

5.      Filing e-Forms with MCA

Incorporation documents along with Memorandum of Association & Articles of Association and Notice for Situation of Registered Office (along with Proof of Registered Office) and for appointment of first Directors of the proposed Company

6.      Issue of Certificate of Incorporation

This is the document, which the registrar of companies (ROC) issues to you once ROC has approved your choice of name and the incorporation documents filed. When you receive this document your company legally exists and is ready to do business

If in case, you are desirous to form your Private Limited Company, feel free to contact us at csnehaseth@gmail.com to get quotes.

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