Procedure for registration of company
1) Obtain Director Identification Number (DIN)
DIN is the identification number issued by MCA mandatory required for each of the proposed director of the company. Application in Form DIN-1 shall be made online and DIN number of the person intending to become director of the Company shall be generated in the same time.
2) Obtain Digital Signature Certificate (DSC)
DSC is the digital signature issued by MCA for electronic submission of the company related documents and is granted to anyone authorized person of the company. Digital Signature Certificate is acquired by submitting the application along with prescribed fee to one of the various vendors like TCS, Satyam etc. On submission of documents, DSC is allotted in 1-2 days.
3) Name Approval of the Company
An application in Form No. 1Aneeds to be filed with the Registrar of Companies (ROC) online through Digital Signature of one of the proposed director. On submitting the application, the ROC scrutinizes the same and sends the approval / objections in about 3-4 days to the applicant through e-mail. (Name shall also be approved within the same time, if certified by professional)
While making a Company name application, the following points should be considered:
1. Use the search facilities available on the portal of the Ministry of Corporate Affairs (MCA) to check the resemblance of the proposed name(s) with the companies and Limited Liability Partnerships (LLPs) respectively already registered or the names already approved.
2. Name should indicate, as far as possible, activity as stated in the main object of the proposed company. The name should not too closely resemble with the name of any other registered company.
3. The proposed name is not infringing any registered trademarks or a trademark for which an application is filed.
4. The proposed name is not in violation of the provisions of Emblems and Names (Prevention of Improper Use) Act, 1950 as amended from time to time.
5. The use of the proposed name(s) should not constitute an offence under any law
6. The proposed name is should not offensive to any section of people.
4) Application for Registration
An application for registration should be submitted to the Registrar of Companies with the following documents:
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Memorandum of Association;
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Articles of Association;
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A declaration inForm 1by a person named in the articles of the 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 entitled to appear before the High Court, or by a Chartered Accountant practicing in India stating 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;
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A list of persons who have consented to act as directors of the company.
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Consent of every person prepared to act as a director.
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Information about directors, managing directors, managers and secretarymust be submitted in a prescribed Form 32
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Information about the registered office in prescribed Form 18
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Power of attorney in favour of one of the promoters or any other person, authorizing him/her to make corrections in the documents submitted to the Registrar of Companies,
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Applicable registration fee payable to the Registrar of Companies.
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5) Certificate of Incorporation
The ROC will verify the documents and thereafter register the company by issuing a Certificate of Incorporation , which brings the company into existence as a legal entity.
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