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Formation of new company

RONAK PAJWANI (Assistant Manager-Accounts & Finance) (32 Points)

29 June 2012

Dear All

Anybody can Please let me know the full procedure for forming a new PVT company and Public Company.

Its urgent. Please reply back as sson as possible

Hoping for a positive reply

Ragrads

Ronak

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5 Replies

prasad gobbi (CHARTERED ACCOUNTANT) (30 Points)
Replied 29 June 2012

you can find full procedure for formation of new company at https://www.mca.gov.in/MCA21/RegisterNewComp.html

ARUN KUMAR MAITRA (Practicing Company Secretary) (1016 Points)
Replied 29 June 2012

First step is to obtain the approval of RoC for proposed name ,for which you are to submit Form E !A.
Thereafter , you are to submit the following documents alongwith the prescribed fees to RoC

MOA and AOA
Form No. E1 - This is a declaration to be executed on a non-judicial stamp paper of INR 20 by one of the directors of the proposed company or other specified persons such as Attorneys or Advocates, etc. stating that all the requirements of the incorporation have been complied with.
Form No.E 18 - This is a form to be filed by one of the directors of the company informing the ROC the registered office of the proposed company.

4. Form No. E32 - This is a form stating the fact of appointment of the proposed directors on the board of directors from the date of incorporation of the proposed company and is signed by one of the proposed directors.

5. Power of Attorney signed by all the subscribers of MOA authorizing one of the subscribers or any other person to act on their behalf for the purpose of incorporation and accepting the Certificate of Incorporation.

If after scrutiny of the documents,RoC is satisfied ,then it will issue the Certificate of Incorporation, The whole process normally takes between 30 to 60 days.

A.K.Maitra

ARUN KUMAR MAITRA (Practicing Company Secretary) (1016 Points)
Replied 29 June 2012

The procedures suggested by me for formation of a company are applicable to Pvt. Ltd. Company, In case of a Public Ltd. Company, it will have to comply with an additional formality of obtaining the Certificate of Commencement of Business. For the said purpose , you are to submit the prescribed form alongwith a copy of the Prospectus or a SLP.

Moreover , before filing E-32, you should obtain consent letters from the directors to act as directors and a declaration that they are not disqualified to act as such. this is to be attached alongwith the said form.