Incorporation of co

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Swathi Raju JB (Querist)

22 December 2014 Which forms we need to file with ROC for incorporation of company? and what is the time limits for filing the same? Thank you in advance.

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

22 December 2014 1.First you need to file e-Form INC-1 (Application for reservation of name) with Registrar of Companies for name availability.
Upon receipt of a Name application, the Registrar may, on the basis of information and documents furnished along with the
application, reserve the name for a period of 60 days from the date of the application.

2.
i. Form INC-7: For application of Incorporation of the Company
A. Mandatory attachments to e-form INC-7)
o Memorandum of Association
o Articles of Association
o Declaration by Professional in INC-8
o Affidavit from the subscriber to the Memorandum in Form No. INC-9
o Proof of residential address which should not be older than 2 months
o Proof of identity
o Verification of signature of subscribers i.e. Form No. INC-10, in case the company is not having share capital.
o It is mandatory to attach entrenched Articles of association if any of the articles are entrenched.

B. Optional attachments depending upon case
o Copy of in principle approval granted by the Reserve Bank of India or any concerned authority in case proposed company shall be conducting NBFI (Non- Banking Financial Institution) activities
o NOC in case there is change in the promoters (first subscribers to Memorandum of Association)
o Proof of nationality in case the subscriber is a foreign national
o PAN card (in case of Indian national)
o Copy of certificate of incorporation of the foreign body corporate and proof of registered office address
oCertified true copy of board resolution/consent by all the partners authorizing to subscribe to MOA

ii. Form INC-22 : For Notice of situation of registered office
Attachments to e-form INC-22
o Proof of Registered Office address(Conveyance/Lease deed/
Rent Agreement along with the rent receipts) etc.
o Copies of the utility bills (proof of evidence of any utility service like telephone, gas,electricity etc. depicting the address of the premises not older than two months is required to be attached)
o No Objection Certificate or permission to use
o Certification of e-form INC-22 by CS/CA/CWA (in Whole Time Practice)

iii. Form DIR-12 : For providing information about particulars of
appointment of Directors of the company and Key Managerial Personnel Attachments to e-form DIR-12
Following are the Mandatory attachments in case of first appointment of Director / Manager / Company Secretary / CEO
/ CFO.
o Letter of appointment
o Declaration by first director in Form INC-9
o Declaration of the appointee director, managing director, in Form No. DIR-2

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