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Steps to be taken

to incorporate a new company


Steps to be taken to get a new company incorporated:

• Select, in order of preference, at least one suitable name upto a maximum of six names, indicative
of the main objects of the company.
• Ensure that the name does not resemble the name of any other already registered company and
also does not violate the provisions of emblems and names (Prevention of Improper Use Act, 1950) by
availing the services of checking name availability on the portal.
• Apply to the concerned RoC to ascertain the availability of name in eForm1 A by logging in to
the portal. A fee of Rs. 500/- has to be paid alongside and the digital signature of the applicant proposing
the company has to be attached in the form. If proposed name is not available, the user has apply for a
fresh name on the same application.
• After the name approval the applicant can apply for registration of the new company by filing
the required forms (that is Form 1, 18 and 32) within 60 days of name approval
• Arrange for the drafting of the memorandum and articles of association by the solicitors, vetting of
the same by RoC and printing of the same.
• Arrange for stamping of the memorandum and aticles with the appropriate stamp duty.
• Get the Memorandum and the Articles signed by at least two subscribers in his/her own hand,
his/her father's name, occupation, address and the number of shares subscribed for and witnessed by at
least one person.
• Ensure that the Memorandum and Article is dated on a date after the date of stamping.
• Login to the portal and fill the following forms and attach the mandatory documents listed
in the eForm

Declaration of compliance - Form-1


Notice of situation of registered office of the company - Form-18.
Particulars of the Director's, Manager or Secretary - Form-32.

Submit the following eForms after attaching the digital signature, pay the requisite filing and registration fees
and send the physical copy of Memorandum and Article of Association to the RoC

• After processing of the Form is complete and Corporate Identity is generated obtain Certificate of
Incorporation from RoC.

Additional steps to be taken for formation of a Public Limited Company:


To obtain Commencement of Business Certificate after incorporation of the company the public company
has to make following compliance

• File a declaration in eForm 20 and attach the statement in lieu of the prospectus(schedule
III) OR
• File a declaration in eForm 19 and attach the prospectus (Schedule II) to it.
• Obtain the Certificate of Commencement of Business.
Additional steps to be taken for registration of a Part IX Company:
The Part IX Company is required to file eForm 37 and eForm 39 apart from filing eForm 1, 18 and 32.

The company is required to file eForm 1 first and then the company can file all the other eForms (18, 32,
37 and 39) simultaneously or separately
Download eForms

Click here to download the Hindi font, if you are unable to view the Hindi text
in eForms properly

Approval Services (Headquarters)

Description e-Form with Instruction kit e-Form

Application to Central Government for modification in the matters to be


Form 23AAA Form 23AAA
stated in the company's balance sheet or profit and loss account

Application for exemption from attaching the annual accounts of the


Form 23AAB Form 23AAB
subsidiary companies

Application to Central Government for not providing depreciation Form 23AAC Form 23AAC

Form of application to the Central Government for appointment of cost


Form 23C Form 23C
auditor

Form for filing application for giving loan, providing security or guarantee in
Form 24AB Form 24AB
connection with a loan

Form of application to the Central Government for obtaining prior consent


Form 24B Form 24B
for holding of any office or place of profit in the company by certain persons

Form for filing application for declaration as Nidhi Company Form 63 Form 63

Form for filing application or documents with Central Government Form 65 Form 65

Form of application for approval for declaration of dividend out of reserves Form Form

Form of application for removal of disqualification of directors Form DD-C Form DD-C

Form of application for approval of the Central Government for the


Form I Form I
appointment of sole selling agents by the company

Form of application for approval of the Central Government for the


Form II Form II
appointment of sole buying agent by a company

Approval Services (Regional Director)

Description e-Form with Instruction kit e-Form


Application for confirmation by Regional Director for change of registered
office of the company within the state from the juridiction of one Registrar to Form 1AD Form 1AD
the jurisdiction of another Registrar

Form for filing application to Regional Director Form 24A Form 24A

Form for filing application for opening branch(s) by a nidhi company Form 64 Form 64

Approval Services (Registrar of Companies)

Description e-Form with Instruction kit e-Form

Application for approval of the Central Government for change of name or


Form 1B Form 1B
conversion of a public company into a private company

Form for filing an application with Registrar of Companies Form 61 Form 61

Application for striking off the name of company under the Easy Exit
Form EES, 2010 Form EES, 2010
Scheme (EES), 2010

Change Services

Description e-Form with Instruction kit e-Form

Application form for availability or change of a name Form 1A Form 1A

Naming Guidelines -- Guidelines


issued by MCA to choose Name for
a company.

Application for approval of the Central Government for change of name or


Form 1B Form 1B
conversion of a public company into a private company

Notice of consolidation, division, etc. or increase in share capital or increase


Form 5 Form 5
in number of members

Notice of situation or change of situation of registered office Form 18 Form 18

Particulars of appointment of managing director, directors, manager and


secretary and the changes among them or consent of candidate to act as a
Form 32 Form 32
managing director or director or manager or secretary of a company and/ or
undertaking to take and pay for qualification shares

Return of alteration in the charter, statute or memorandum and articles of


association, address of the registered or principal office and directors and Form 49 Form 49
secretary of a foreign company

Notice of (A) alteration in names and addresses of persons resident in India


authorized to accept service on behalf of a foreign company (B) alteration in
the address of principal place of business in India of a foreign company (C) Form 52 Form 52
list of places of business established by a foreign company (D) cessation to
have a place of business in India
Description e-Form with Instruction kit e-Form

Particulars for creation or modification of charges (other than those related to


Form 8 Form 8
debentures

Description
Particulars for registration of charges for Debenture e-Form
Form 10 with Instruction kit e-Form
Form 10

Appointment or cessation of receiver or manager Form 15 Form 15


Application or declaration for incorporation of a company Form 1 Form 1
Particulars
Application for satisfaction of charges Form
Form 17 Form
form for availability or change of a name 1A Form 17
1A
Receiver's or manager's abstract of receipts and payments Form
Naming36 Guidelines -- Guidelines Form 36
issued by MCA to choose Name for
a company.

Notice of situation or change of situation of registered office Form 18 Form 18

Declaration of compliance with the provisions of section 149(i)(a), (b) and (c)
Form 19 Form 19
of the Companies Act,1956

Declaration of compliance with the provisions of section 149(2)(b) of the


Form 20 Form 20
Companies Act,1956

Declaration of the compliance with the provisions of section 149(2A) and (2B) Form 20A Form 20A

Particulars of appointment of managing director, directors, manager and


secretary and the changes among them or consent of candidate to act as a
Form 32 Form 32
managing director or director or manager or secretary of a company and/ or
undertaking to take and pay for qualification shares

Application by an existing joint stock company or by an existing company (not


being a joint stock company) for registration as a public limited or private Form 37 Form 37
limited or an unlimited company

Registration of an existing company as a limited company Form 39 Form 39

Documents delivered for registration by a foreign company Form 44 Form 44

Application for rectification of mistakes apparent on record Form 68 Form 68

Charge Management

Company Registration

Compliance Related Filing

Description e-Form with Instruction kit e-Form

Statement of amounts credited to investor education and protection fund Form 1 Form 1
Return of allotment Form 2 Form 2

Particulars of contract relating to shares alloted as fully or partly paid-up


Form 3 Form 3
otherwise than in cash

Statement of amount or rate percent of the commission payable in respect of


shares or debentures and the number of shares or debentures for which
Form 4 Form 4
persons have agreed for a commission to subscribe for absolutely or
conditionally

Return in respect of buy Back of Shares Form 4C Form 4C

Statutory Report Form 22 Form 22

Registration of resolution(s) and agreement(s) Form 23 Form 23

Information by Auditor to Registrar Form 23B Form 23B

Return of appointment of managing director or whole time director or


Form 25C Form 25C
manager

Form for submission of documents with Registrar of Companies Form 62 Form 62

Form of annual return of a foreign company having a share capital Form Form

Form for filing cost audit report and other documents with the Central
Form Form
Government

Report by a public company Form DD-B Form DD-B

Informational Services

Description e-Form with Instruction kit e-Form

Voluntary reporting of Corporate Social Responsibility (CSR) Form CSR Form CSR

Particulars of person(s) or director(s) or changed or specified for the purpose


Form 1AA Form 1AA
of clause(f) or (g) of section 5

Notice of the court or the company law board order Form 21 Form 21

Form of return to be filed with the Registrar Form 22B Form 22B

Registration of resolution(s) and agreement(s) Form 23 Form 23

Notice of address at which books of account are maintained Form 23AA Form 23AA

Information to be furnished in relation to any offer of a scheme or contract


involving the transfer of shares or any class of shares in the transferor Form 35A Form 35A
company to the transferee company
Investor Services

Description e-Form with Instruction kit e-Form

Investor
Form for filing complaint(s) against the company Investor Complaint Form
Complaint Form

Provisions related to Mangerial personnel

Description e-Form with Instruction kit e-Form

Form of application to the Central Government for increase in the number of


Form 24 Form 24
directors of the company

Form of application to the Central Government for approval of appointment or


reappointment and remuneration or increase in remuneration or waiver for
Form 25A Form 25A
excess or over payment to managing or whole-time director(s) or manager
and commission or remuneration or expression of opinion to directors

Form of application to Central Government for approval to amendment of


Form 25B Form 25B
provisions relating to managing, whole time or non rotational director

Form of application for removal of disqualification of directors Form DD-C Form DD-C

Annual filing eForms

Description e-Form with Instruction kit e-Form

Form for filing annual return by a company having a share


Form 20B Form 20B
capital with the Registrar

Particulars of annual return for the company not having share


Form 21A Form 21A
capital

Form for filing balance sheet and other documents with the
Form 23AC Form 23AC
Registrar

Form for filing Profit and Loss account and other documents
Form 23ACA Form 23ACA
with the Registrar

Form for submission of compliance certificate with the


Form 66 Form 66
Registrar

Form 67 (Addendum)

Description e-Form with Instruction kit e-Form


Form for filing addendum for rectification of defects or incompleteness Form 67 (Add.) Form 67(Add.)

Description e-Form with Instruction kit e-Form

Particulars of appointment of managing director, directors, manager and


secretary and the changes among them or consent of candidate to act as a Form 32
Form32 Addendum
managing director or director or manager or secretary of a company and/ or Addendum
undertaking to take and pay for qualification shares

Limited liability partnership (LLP) forms

Description e-Form with Instruction kit e-Form

Form for intimating to Registrar of Companies of conversion of the company


Form 14 Form 14
into limited liability partnership (LLP).

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