For formation of Company, forms must be submitted to registrar electronically, which must be digitally signed. It is prerequisite to obtain Digital Signature for formation of Company.
Subscribers to Memorandum of Association must sign the documents digitally. So, if two person are incorporating the company with shareholding, then both of them should obtain Digital Signature Certificate.
Name of the Company can not be similar to existing LLP, Company or Firm. Check our article on availability and reservation of company name.
It is not necessary to make separate application for reservation of name. Separate application is made only to check whether proposed name is available or not. Name can also be reserved by filing incorporation application, mentioned in Step Five.
A Memorandum of Association (MOA) is a legal document prepared in the formation and registration process of a limited liability company to define its relationship with shareholders. The MOA is accessible to the public and describes the company’s name, physical address of registered office, names of shareholders and the distribution of shares. Check our article on preparation of Memorandum of Association.
The articles of association is a document that specifies the regulations for a company's operations and defines the company's purpose. The document lays out how tasks are to be accomplished within the organization, including the process for appointing directors and handling of financial records. Check our article on this subject.
For incorporation, E-form 'SPICE (INC-32)' has to be filed with Registrar.
E-Form SPICe (INC-32) is single application for -
This e-Form should be accompanied by supporting documents including details of Directors & subscribers, MoA and AoA etc. Once the e-Form is processed and found complete, company would be registered and Corporate Identification Number (CIN) would be allocated. Also DINs gets issued to the proposed Directors who do not have a valid DIN. Maximum three Directors are allowed for using this integrated form for filing application of allotment of DIN while incorporating a company. Also PAN and TAN would get issued to the Company.
To download this form, visit www.mca.gov.in
Hover on MCA Services, mega menu will be displayed, under 'e-Filing' click on 'Company Forms Download'
In next screen list of all forms will be displayed. Search for 'SPICe [zip]', click and download with instruction kit. Refer instruction file while filling the form.
It is recommended to name the attachments with proper name. For e.g. If PAN is attached as proof of identity then recommended name of the attachment is “PAN – Proof of Identity”. This should be followed while attaching any attachment.
Fill the form, refer instruction kit provided with form for any guidance, and submit it to the Registrar along with e-MOA and e-AOA. MOA and AOA are not required to be prepared manually and scanned. You have to file e-MOA and e-AOA.
To submit the application, visit www.mca.gov.in, and log in to your account. If not registered, create your account, by clicking on 'Register' in top menu.
After you log in, click on 'Upload e-forms'
Next in Upload Form page, click on 'Normal Forms' and 'Linked Forms'. Under 'Normal Forms' attach form 'SPICe', and under 'Linked Forms' attach 'e-MOA' and 'e-AOA'. Click on 'Upload'
After form is successfully uploaded, SRN will be generated. You can either choose 'Pay Now' or 'Pay Later', for payment of fees. Fees details are provided in instruction kit. Application status can be tracked with SRN.
When the eForm is processed and DIN is generated, an acknowledgement email of DIN generation is sent to the director. Further, on approval of SPICe forms, the Certificate of Incorporation (CoI) is issued with PAN and TAN as allotted by the Income Tax Department. An electronic mail with Certificate of Incorporation (CoI) as an attachment along with PAN and TAN is also sent to the user.
Finance Act, 2018 amended section 139A of the Income-tax Act, 1961 and removed the requirement of issuing PAN in the form of a laminated card. Hence, it is clarified that PAN and TAN mentioned in the COI issued by MCA shall also be treated as sufficient proof of PAN and TAN for the said company assesses.
No comments yet, be first to comment.
You need to be logged in to comment.
Check your GST numbers in bulk. Check unlimited GST numbers with very cheap packages.