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Formalities for incorporation of new pvt.ltd.co.

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Querist : Anonymous

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Querist : Anonymous (Querist)
30 September 2011 Dear Sir, I have to incorporate a private limited company on urgent basis. There are two promoters/directors/shareholders to form this private limited company. I have some queries in respect of incorporation of a private limited company; you are humbly requested to provide answers to the same; an earliest action will be highly appreciated:-
1. Regarding e-Form-1A, its help file does not ask for any mandatory attachments for getting approval of name? Whether,in your opinion, is there any other mandatory attachment to the e-Form-1A?. Please tell whether the approval will be granted via e-mail or both electronically as well as via physical name approval letter? How much time generally ROC takes for approving the company name?

2. After getting approval of name of the company, I am required to file e-Form-1, E-Form-18 and e-Form-32 simultaneously on the MCA portal and pay the stamp duty.
Please guide:-
2a. what are the other mandatory attachments to e-Form-1 in addition to Memorandum & Articles of Association? Further please guide, whether before attaching PDF files of Memorandum & Articles of Association, are photographs of both promoters to be pasted, signed & certified on the last page i.e. shares subscription page and then scanned copies of Memorandum & Articles in PDF format are to be attached to e-Form-1A?
2b. What are the mandatory attachments to e-Form-18, its help file states that no mandatory attachment is required in case of new company. ? In your opinion, is there any other mandatory attachment to the e-Form-18?.
2c. What are the mandatory attachments to e-Form-32, its help file states that consent of the appointee Managing Director, director(s) is to be attached. In our case, no qualification shares are prescribed for becoming directors so I think, there is no other attachments. Whether, in your opinion, is there any other mandatory attachment to the e-Form-32?

3. Most important, after e-filing of e-forms-1, 18, 32, is there any documents which are to be physically sent to the office of ROC, Delhi & Haryana, if yes, then please guide whether these can be sent through speed post or through personal appearance at ROC Office?

4. Whether the Certificate of Incorporation (COI) will be sent on e-mail or both via electronically and via physical delivery at the registered Office of the company OR are we required to collect the COI personally from the office of ROC? How much time the ROC takes for issuing the COI from the date of filing e-forms-1,18 & 32?

Please reply on urgent basis-Thanks, yours truly, CA Raj Kumar

01 October 2011 1. Generally no mandatory attachments. But if name is sought for on the basis of patent etc, proof has to be attached.
2(a) Declaration of director's is a mandatory attachment. POA of the counsel can be attached though not mandatory. No need to paste photograph.
2(b). No mandatory attachment.
2(c). No mandatory attachment.
3. Physical submission is done away with.
4. COI will get via., e-mail as well by post.
Files are disposed on FIFO method and time depends upon the work load.


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