23 November 2011
yes a Indian as well can incorporate a Company in India.
Steps to be taken to incorporate a new company:
1).Apply to the concerned RoC to ascertain the availability of name in eForm1 A by logging in to the portal. A fee of Rs. 500/- has to be paid alongside and the digital signature of the applicant proposing the company has to be attached in the form. If proposed name is not available, the user has apply for a fresh name on the same application.
2).After the name approval the applicant can apply for registration of the new company by filing the required forms (that is Form 1, 18 and 32) within 60 days of name approval
3).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.
4).Arrange for stamping of the memorandum and aticles with the appropriate stamp duty.
5).Get the Memorandum and the Articles signed by at least two subscribers in his/her own hand, his/her father's name, occupation, address and the number of shares subscribed for and witnessed by at least one person.
6).Ensure that the Memorandum and Article is dated on a date after the date of stamping.
7).Login to the portal and fill the following forms and attach the mandatory documents listed in the eForm
8).Declaration of compliance - Form-1 Notice of situation of registered office of the company - Form-18. Particulars of the Director's, Manager or Secretary - Form-32.
9).Submit the following eForms after attaching the digital signature, pay the requisite filing and registration fees and send the physical copy of Memorandum and Article of Association to the RoC
10).After processing of the Form is complete and Corporate Identity is generated obtain Certificate of Incorporation from RoC.
11).Additional steps to be taken for formation of a Public Limited Company: To obtain Commencement of Business Certificate after incorporation of the company the public company has to make following compliance
12).File a declaration in eForm 20 and attach the statement in lieu of the prospectus(schedule III) OR File a declaration in eForm 19 and attach the prospectus (Schedule II) to it.
Obtain the Certificate of Commencement of Business.
26 November 2011
Thanx for the reply.One more thing I want to know, is there any additional formality required for a NRI director and he is in India on a tourist visa.
CAclubindia
