Select, in order of preference, a few suitable names, not less than four, indicative of the main objects of the company. Ensure that the name does not resemble the name of any other company already registered and also does not violate the provisions of Emblems and names (prevention of improper use) Act, 1950
Apply to the concerned ROC to ascertain the availability of name in e-Form1 A of General Rules and Forms along with a fee of Rs.500/-. If proposed name is not available apply for a fresh name on the same application the digital signature of the applicant proposing the company has to be attached in the form.
After the name approval the applicant can apply for registration of the new company by filing the required forms (e-Forms 1, 18,32 ) within six months 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 Articles with the appropriate stamp duty. Get the Memorandum and Articles signed by at least two subscribers in his own hand, his 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. Pay the prescribed registration fee and filing fee.
The following documents are required to be filed with the Registrar of Companies:
- Memorandum of Association (duly stamped) and a duplicate thereof.
- Articles of Association (duly stamped) and a duplicate thereof.
- The agreement, if any, which the company proposes to enter into with any individual for appointment as its managing or whole time director or manager.
- A copy of the agreement, if any, referred to in the articles.
- A power of attorney, if any (with prescribed stamps).
- A copy of the letter of the Registrar of Companies intimating the availability of the proper name.
- e-Form No. 1 (with prescribed stamps) for incorporation of a Company.
- e-Form No. 18, if desired for change of situation of registered office.
- e-Form No. 32 and e-Form 32 Addendum, if desired for Particulars of appointment of managing director, directors, manager and secretary and the changes among them or consent of candidate to act as a managing director or director or manager or secretary of a company and / or undertaking to take and pay for qualification shares
- Document evidencing payment of prescribed registration and filing fee.
- The promoters, as being the subscribers to the Memorandum and Articles should be the same person whose names are appearing in the original application for availability of name (e-Form 1A). If the names have changed, ROC will not register the company until and unless, the name is got re-validated with the new subscribers as applicants, by paying another fee of Rs 500.
Obtain Certificate of Incorporation from ROC. If the registrar is satisfied that all the requirements have been complied with by the companies, it will register the company and issue a Certificate of Incorporation of the company. The date mentioned in the certificate is the date of incorporation of the company.
Under Section 149(7) of the Companies Act, a private company can commence business right from the date of its incorporation.
CAclubindia
