Legal Consultant
358 Points
Posted on 02 May 2008
Dear Sumit,
Appended below the procedure for incorporation of pvt. ltd. company:
Steps to be taken to get incorporated a private limited company:-
o Select, in order of preference, a few suitable names, not less than four, indicative of the main objects of the company.
o 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.
o Apply to the concerned ROC to ascertain the availability of a name in Form-1 A of the General Rules and Forms along with a fee of Rs.500/-. If the proposed name is not available apply for a fresh name on the same application.
o Arrange for the drafting of the Memorandum and Articles of Association by the solicitors, the vetting of the same by the ROC and the printing of the same.
o Arrange for the stamping of the Memorandum and Articles with the appropriate stamp duty.
o 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 atleast one person.
o Ensure that the Memorandum and Articles are dated after the date of stamping.
o Get the following forms duly filled up and signed:-
o Declaration of compliance – Form-1.
o Notice of the situation of the registered office of the company – Form-18.
o Particulars of the Director, Manager or Secretary – Form-32.
Present the following documents to the ROC with the filing fee and the registration fee:-
o The stamped and signed copies of the Memorandum and Articles of Association (3 copies).
o Form-1, 18 & 32 in duplicate.
o Any agreement referred to in the M&A.
o Any agreement proposed to be entered into with any individual for appointment as Managing or whole time Director.
o Name availability letter issued by the ROC.
o Power of Attorney from the subscribers in favour of any person for making corrections on their behalf in the documents and papers filed for registration.
o Pay the Registration and Filing Fee by Demand Draft/ Banker’s Cheque if it exceeds Rs.1000/-.
o Obtain the Certificate of Incorporation from ROC.
In short you can charge the fee depending on the time invested while drafting (MOA/AOA)etc.
Regards,
Rakesh
CAclubindia
