Section 8 company incorporation

Hi Nilesh,

Following is the procedure for the incorporation of a section 8 company:

Step 1 - Obtain DSC of the proposed director. After receiving DSC file Form DIR-3 with ROC for getting a DIN.

Step 2 - Once the DIR-3 is approved, the ROC will allot DIN.

Step 3 - File Form INC-1 with the ROC for applying for a company. A total of 6 names can be applied, out of which one would be allotted.

Step 4 - After approval file FORM INC-12 with the ROC to apply for a licence for the section 8 company. Documents to be attached with INC-12:

• Draft MOA as per Form INC-13Draft AOADeclaration as per Form INC-14 (Declaration from practising chartered accountant)Declaration as per Form INC-15 (Declaration from each person making an application)Estimated income and expenditure for the next 3 years.

Step 5- Once the form is approved, a license under section 8 will be issued in FORM INC-16.

Step 6 - After obtaining the license, file SPICe form 32 with the ROC for incorporation along with the following attachments:

• An affidavit from all the directors cum subscribers – INC-9.Declaration of deposits.KYC of all the directors.Form DIR-2 with its attachments i.e. PAN card and address proof.Consent letter of all directors.Interest in other entities of the directorsUtility bill as proof of office addressNOC in case the premises are leased/rented.Draft MOA and AOA

If the ROC is satisfied with the forms submitted, a certificate of incorporation is issued along with a unique company identification number - CIN.

And yes the object clause in MOA should be as same as it is written into the RUN application, and also yes it required to obtain DIN before starting the procedure of incorporation.

Let me know if you have any other questions regarding the same.

Thank you!

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