May 20

Steps to Incorporate a company in India

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Here are 10 steps for incorporating a new company in India for aspiring entrepreneurs. 
1. Apply for DIN ( Director Identification Number)
Firstly you need to apply for DIN no. of Persons, who are supposed to be appointed as first Directors of the company.
2. Apply for DSC ( Digital Signature Certificate)
Simultaneously you can apply for DSC in the name of any one of the proposed Directors of the company.
3. Preparation of FORM 1A
After application for DIN and DSC, next step is preparation of FORM 1A for name approval. For that 5 names are required. You also need to fix the main Object of the company after that you can draft the same main object as per law.
4. Application to ROC for Name Availability
After drafting main Object and fixation of name next step is to apply for name availability to ROC portal by E Filling. After Filing ROC will Check the Name Availability and give his reply accordingly.
5. Drafting of Memorandum of Association and Articles of Association of the company
After name approval from ROC next Step is drafting of Memorandum and Articles of Association of the company.
6. Payment of Stamp Duty on Memorandum and articles of association of the company
After preparation of all documents you need to pay applicable Stamp Duty on all documents i.e.  Memorandum, Articles of association, Letter of Authority and first page of Form 1.
7. Filling of forms to ROC portal
After Drafting of Memorandum and Articles of the company you are required to file
a.      Form 1 – For application for  Incorporation of the company
b.      Form 18- For notice of situation of  Registered office of the company
c.       Form 32- For providing information about the Directors of the company
At this stage DIN of all Directors must be approved and these forms are uploaded from the portal of Registered User Only
8. Payment  of ROC filling fees
After filling of Forms Payment challan will be generated you need to pay the same for approval of forms.
9. Verification of documents and forms by ROC office
After Payment of all duties ROC office verifies the documents and forms, After verification, ROC may suggest some changes in documents. If you getting it done through Company Secretary then you need to issue letter of authority in their name by promoters of the proposed company.
10. Certificate of Incorporation
After verification, when registrar of Companies are satisfied then it will issue Certificate of incorporation to registered office Address of the company by Speed post.

The author is a pracisting lawyer and can be contacted at lawyer.soniasaini@gmail.com

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