Company incorporation
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
23 July 2013
Dear Experts
i want to know
the procedures to incorporate an unlisted limited company with 7 members , capital Rs.5 lacs
I have been aware up to Certificate of Incorporation.
but thereafter what are the procedures and cost to get Certificate of Commencement of Business.
which forms ?
costs thereof ?
i want to know
the procedures to incorporate an unlisted limited company with 7 members , capital Rs.5 lacs
I have been aware up to Certificate of Incorporation.
but thereafter what are the procedures and cost to get Certificate of Commencement of Business.
which forms ?
costs thereof ?
23 July 2013
Procedural requirement for formation of new company:
1. Obtain Digital signature of one of the promoter/director
2. Obtain DIN of at least two director
3. After obtaining approved DIN file Form 1A with ROC for name availability
4. If name is available ROC give name with in 3 days from the date of assigning
5. U will print at least two MOA and AOA.
6. File Form 1, 18, and 32 with the concerned ROC with the prescribed as given in Schedule X
7. File document like MOA and AOA for correction and other formalities, if required
8. After verification of documents of incorporation, ROC generate the Company Identification Number (CIN) and issue certificate of Incorporation at the registered address of the company
Payment of fee for respective form for incorporation of Limited Ltd.
5. For Form 1A is fixed of Rs. 1000/-
6. For Form 1 u should pay as per your Authorised Capital
7. Form 18 fee is Rs. 500/-
8. Form 32 fee is Rs. 500/-
If you wanted to pay fee first of all your longing should be on MCA portal. Payment of challan will be made online through MCA Portal.
For Public Limited Company, you should have following:
-Minimum Authorised and Paid up capital should be Rs. 500000/-
-Minimum numbers of promoters/subscriber of MOA should be seven.
-Minimum number of director should be three.
Procedural requirement for formation of new company:
1. Obtain Digital signature of one of the promoter/director
2. Obtain DIN of at least two director
3. After obtaining approved DIN file Form 1A with ROC for name availability
4. If name is available ROC give name with in 3 days from the date of assigning
5. U will print at least two MOA and AOA.
6. File Form 1, 18, and 32 with the concerned ROC with the prescribed as given in Schedule X
7. File document like MOA and AOA for correction and other formalities, if required
8. After verification of documents of incorporation, ROC generate the Company Identification Number (CIN) and issue certificate of Incorporation at the registered address of the company
Payment of fee for respective form for incorporation of Limited Ltd.
5. For Form 1A is fixed of Rs. 1000/-
6. For Form 1 u should pay as per your Authorised Capital
7. Form 18 fee is Rs. 500/-
8. Form 32 fee is Rs. 500/-
If you wanted to pay fee first of all your longing should be on MCA portal. Payment of challan will be made online through MCA Portal.
For Public Limited Company, you should have following:
-Minimum Authorised and Paid up capital should be Rs. 500000/-
-Minimum numbers of promoters/subscriber of MOA should be seven.
-Minimum number of director should be three.
23 July 2013
DOCUMENTS REQUIRED FOR DIRECTOR IDENTIFICAATION NUMBER (DIN)
1. 1 Passport size photo
2. ID Proof
3. Residence proof
4. Mother Name
5. Date of Birth
6. Email ID
7. PIN Code
8. Father Name
9. Phone Number
10. Copy of Pan Card
11. Declaration on Rs. 10 Stamp Paper
12. Affidavit , if any
13. Current Occupation
14. Qualifications
What are the additional information/ documents required in case of a foreign national?
Details of a valid passport should be filled in form DIN-1 and a certified copy of same should be attached with DIN application. All supporting documents including photograph should be certified by the Indian Embassy or a notary in the home country of the applicant or by the Managing Director / CEO / Company Secretary of the company registered in India, in which applicant is a director.
DOCUMENTS REQUIRED FOR DIRECTOR IDENTIFICAATION NUMBER (DIN)
1. 1 Passport size photo
2. ID Proof
3. Residence proof
4. Mother Name
5. Date of Birth
6. Email ID
7. PIN Code
8. Father Name
9. Phone Number
10. Copy of Pan Card
11. Declaration on Rs. 10 Stamp Paper
12. Affidavit , if any
13. Current Occupation
14. Qualifications
What are the additional information/ documents required in case of a foreign national?
Details of a valid passport should be filled in form DIN-1 and a certified copy of same should be attached with DIN application. All supporting documents including photograph should be certified by the Indian Embassy or a notary in the home country of the applicant or by the Managing Director / CEO / Company Secretary of the company registered in India, in which applicant is a director.
23 July 2013
DOCUMENTS REQUIRED FOR DIGITAL SIGNATURE
1. 1 Passport size photo
2. ID Proof
3. Residence proof
4. Date of Birth
5. Email ID
6. PIN Code
7. Father Name
8. Phone Number
9. Copy of Pan Card
10. Office address
App documents should be self attested.
The digital signature will be available in soft (PFX file) or in USB token.
1. 1 Passport size photo
2. ID Proof
3. Residence proof
4. Date of Birth
5. Email ID
6. PIN Code
7. Father Name
8. Phone Number
9. Copy of Pan Card
10. Office address
App documents should be self attested.
The digital signature will be available in soft (PFX file) or in USB token.
Querist : Anonymous
Querist :
Anonymous
(Querist)
25 July 2013
Dea Ajay Sir ,
I am very very thankful to you sir.
Thanks
But I want to know
how to get certificate of Commencement of Business
can you please tell me.
How can i get the same ?
which forms ?
which documents ?
cost thereof
I am very very thankful to you sir.
Thanks
But I want to know
how to get certificate of Commencement of Business
can you please tell me.
How can i get the same ?
which forms ?
which documents ?
cost thereof
25 July 2013
The date of incorporation of a company may not be the date of commencement of business. A private company and a public limited company not having share capital are not required to comply with any other formalities and may commence its business activities immediately after obtaining the certificate of incorporation from the concerned Registrar of Companies.
A private limited company and a public limited company not having share capital can start its business immediately on its incorporation without any restrictions.
A private limited company, which has converted into public limited company, is also not required to obtain certificate of commencement of business.
The cost will be as per your professional consultant demand.
The date of incorporation of a company may not be the date of commencement of business. A private company and a public limited company not having share capital are not required to comply with any other formalities and may commence its business activities immediately after obtaining the certificate of incorporation from the concerned Registrar of Companies.
A private limited company and a public limited company not having share capital can start its business immediately on its incorporation without any restrictions.
A private limited company, which has converted into public limited company, is also not required to obtain certificate of commencement of business.
The cost will be as per your professional consultant demand.
Message likes :
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25 July 2013
Requirement for obtaining commencement of business certificate:
A public limited company having share capital cannot commence business until it has obtained the certificate to commence business from the Registrar of Companies.
Normally, when a public company is incorporated, it may take sometime before it decides to make a public offer and issue a prospectus. However, a new company will comply with the required formalities
and obtain the commencement of business certificate from the Registrar as soon as possible after formation because it cannot commence any business activities or exercise its borrowing powers without it.
For obtaining a certificate to commence business, the following actions are required to be taken:—
(i) the company shall file with the Registrar a statement in lieu of prospectus electronically at the portal of the MCA in the form given in Schedule III to Act together with the E-Form 62 and shall pay the prescribed fee by online or offline procedure as per the requirement of Schedule X of the Companies Act, 1956. This will be signed by every director of the company. [See section 70, 149(2)(b)]
(ii) the directors should pay the value of the shares to the extent money is payable in cash with application/allotment;
(iii) a duly certified declaration shall be filed electronically at the portal of the MCA in the E-Form 20 and a stamped copy shall be simultaneously filed with the Registrar signed by a director/secretary or by secretary in practice where there is no secretary, to the effect that the requirements of section 149(2) have been complied with.
(iv) the company shall not allot any share or debenture at least for three days after filing of statement in lieu of prospectus with the Registrar. [Section 70(1)];
(v) the company shall pay the prescribed filing fee by online or offline procedure as applicable under Schedule X on statement in lieu of prospectus and on e-Form 20 to the Registrar of Companies.
The Registrar of Companies shall then issue the requisite certificate of commencement of business.
A certificate of commencement of business cannot be issued if the company has not complied with the provisions of section 149(1), even though it has issued a statement in lieu of prospectus under section 70. [Malabar Iron & Steel Works Ltd. v Registrar of Companies (1963) 33 Comp Cas 813 (Ker)].
Requirement for obtaining commencement of business certificate:
A public limited company having share capital cannot commence business until it has obtained the certificate to commence business from the Registrar of Companies.
Normally, when a public company is incorporated, it may take sometime before it decides to make a public offer and issue a prospectus. However, a new company will comply with the required formalities
and obtain the commencement of business certificate from the Registrar as soon as possible after formation because it cannot commence any business activities or exercise its borrowing powers without it.
For obtaining a certificate to commence business, the following actions are required to be taken:—
(i) the company shall file with the Registrar a statement in lieu of prospectus electronically at the portal of the MCA in the form given in Schedule III to Act together with the E-Form 62 and shall pay the prescribed fee by online or offline procedure as per the requirement of Schedule X of the Companies Act, 1956. This will be signed by every director of the company. [See section 70, 149(2)(b)]
(ii) the directors should pay the value of the shares to the extent money is payable in cash with application/allotment;
(iii) a duly certified declaration shall be filed electronically at the portal of the MCA in the E-Form 20 and a stamped copy shall be simultaneously filed with the Registrar signed by a director/secretary or by secretary in practice where there is no secretary, to the effect that the requirements of section 149(2) have been complied with.
(iv) the company shall not allot any share or debenture at least for three days after filing of statement in lieu of prospectus with the Registrar. [Section 70(1)];
(v) the company shall pay the prescribed filing fee by online or offline procedure as applicable under Schedule X on statement in lieu of prospectus and on e-Form 20 to the Registrar of Companies.
The Registrar of Companies shall then issue the requisite certificate of commencement of business.
A certificate of commencement of business cannot be issued if the company has not complied with the provisions of section 149(1), even though it has issued a statement in lieu of prospectus under section 70. [Malabar Iron & Steel Works Ltd. v Registrar of Companies (1963) 33 Comp Cas 813 (Ker)].
25 July 2013
Procedure for obtaining certificate of commencement of business:
In order to obtain certificate of commencement of business, a public limited company shall file the following documents with the Registrar of Companies according to section 149:—
(1) A prospectus/statement in lieu of prospectus as the casemay be to be supported with the following documents:—
(a) list of the members of the company with their shareholdings;
(b) confirmation for paid up share capital to the extent of Rs. 5,00,000 and proof thereof, viz copy of bank statement etc.;
(c) list of Directors, Manager, Secretary, Auditors and changes among them, if any;
(d) consent of the Auditors to include their name in the Prospectus/Statement in lieu of Prospectus;
(e) copy of the agreements for appointment of Managing Director, Underwriters, contracts entered into by the promoters before incorporation of the company, etc. if any;
(f) printed and certified copy of the Memorandum and Articles of Association of the company;
(g) details of the preliminary expenses incurred by the company;
(h) power of attorney to make corrections in the Prospectus/Statement in lieu of prospectus and to obtain certificate for commencement of business from the Registrar of Companies;
(i) certified copy of the resolution passed by the Board for approval of prospectus /statement in lieu of prospectus for filing with the Registrar.
(2) A duly verified declaration on non-judicial stamp paper that provisions of section 149 of the Act have been complied with, by one of the directors or the secretary or, where the company has not appointed a secretary, a secretary in whole time practice, in form prescribed in Companies (Central Government's) General Rules and Forms, 1956 (e-Form 19/20, in case company has filed prospectus/statement in lieu of prospectus).
Procedure for obtaining certificate of commencement of business:
In order to obtain certificate of commencement of business, a public limited company shall file the following documents with the Registrar of Companies according to section 149:—
(1) A prospectus/statement in lieu of prospectus as the casemay be to be supported with the following documents:—
(a) list of the members of the company with their shareholdings;
(b) confirmation for paid up share capital to the extent of Rs. 5,00,000 and proof thereof, viz copy of bank statement etc.;
(c) list of Directors, Manager, Secretary, Auditors and changes among them, if any;
(d) consent of the Auditors to include their name in the Prospectus/Statement in lieu of Prospectus;
(e) copy of the agreements for appointment of Managing Director, Underwriters, contracts entered into by the promoters before incorporation of the company, etc. if any;
(f) printed and certified copy of the Memorandum and Articles of Association of the company;
(g) details of the preliminary expenses incurred by the company;
(h) power of attorney to make corrections in the Prospectus/Statement in lieu of prospectus and to obtain certificate for commencement of business from the Registrar of Companies;
(i) certified copy of the resolution passed by the Board for approval of prospectus /statement in lieu of prospectus for filing with the Registrar.
(2) A duly verified declaration on non-judicial stamp paper that provisions of section 149 of the Act have been complied with, by one of the directors or the secretary or, where the company has not appointed a secretary, a secretary in whole time practice, in form prescribed in Companies (Central Government's) General Rules and Forms, 1956 (e-Form 19/20, in case company has filed prospectus/statement in lieu of prospectus).
25 July 2013
Hope the above information will help You.
Querist : Anonymous
Querist :
Anonymous
(Querist)
26 August 2013
Thanks sir
26 August 2013
My pleasure....
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