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Every
individual desirous of registering a
company in India needs to carry out
certain actions. The method with regard
to Kamdar Desai & Patel Chartered
Accountants is explained in brief below:
Choosing appropriate kind of company
The
promoters of the company have to decide
the type of company to be formed i.e.
private company, public company,
non-profit making company etc based on
the operations and activity of the
company, funding required, level of
operations, strategy and amount of
financing etc.
Every
individual desirous of registering a
company in India needs to carry out
certain actions. The method with regard
to Kamdar Desai & Patel Chartered
Accountants is explained in brief below:
Make an
application for the Directors
Identification Number (DIN) and Digital
Signatures.
Before the
submission of completed e-Form1A, the
directors of the planned company must
ensure that they have got genuine DIN.
In the event that they do not have the
DIN, they are required to apply for the
same as per the new section 266A from
the Companies (Amendment) Act, 2006.
Once again, each and every document
given within the Companies Act, 1956, is
needed to be submitted with the
electronic signature of the managing
director, or director, or manager, or
secretary of the proposed company.
Selecting a Desirable Name for the
proposed company.
A minimum of
six proposed names of the company being
created, is identified by the promoters
after meticulous observation of numerous
provisions, circulars, and also
guidelines of the Ministry of Corporate
Affairs (MCA). On delivery of the
completed application in e-Form 1A,
filled in up from the promoters, the
allocated Registrar of Companies agrees
with the possibility of adoption of the
sent proposed names, such confirmation
continues to be in force only for a
period of six months. Failure of
submission of the necessary paperwork
from the promoters' side within this
time period of 6 month, necessitates the
submission of an additional application
along with suggested names, and also
payment of the requisite fees.
Composing of Memorandum and Articles of
Association.
Drafting of
the Memorandum (M.O.A) and Articles of
the Association (A.O.A), is the very
next step after obtaining consent of
name from the Registrar. These two
documents are of the paramount
importance since these include ultimate
objectives (as likewise displayed in the
e-Form) and cherished & ideal guidelines
& polices of the company. It ought to be
observed the fact that the principal
objects need to match with the objects
shown in e-Form. The M.O.A and A.O.A
must be drafted really meticulously with
great attention and concern, after a
extensive and elegant counsel from the
concerned experts.
Stamping, digitally signing and also
e-filing of various papers with the
Registrar of Companies.
Following
finalizing the MOA & AOA, they are
required to be filed before the
Registrar of Companies together with
required registration fees and other
papers as well as forms as might be
necessary. Usually, the form 1, form 32,
form 18, Power of Attorney etc. are
filed along with the MOA & AOA.
Acquiring Certificate of Formation
Once, the
paperwork submitted have actually been
scrutinized by the Registrar of
Companies and the same are found in
order. The ROC, shall issue Certificate
of Incorporation to the company and
enter the company in the Register of
Companies.
Additional Incorporation Steps for
Public Limited Company Formation
Once
Certificate of Incorporation is
received, the process of company
formation for private limited company is
completed. However, in case of limited
company further 2 steps are required to
be performed as provided below.
Preparing and filing of Prospectus /
Statement in lieu of Prospectus and
e-Form 19/20 (in the case of public
companies) for obtaining the certificate
of commencement of business. The ROC
after delivery of the Prospectus/
Statement in lieu of prospectus together
with requisite forms, issue Certificate
of Commencement of Business to the
company. The company formation procedure
for Limited Company is completed
following getting certificate of
Commencement of Business. |
