In this previous article, you get the complete information about how to form private limited company. But after completion of all steps described in the previous article, the following documents are required to filed with the registrar of companies of the state in which the company is proposed to incorporated.
Form INC-7: Application for the incorporation of the company
Form INC-7 is a form registering a company. All the details of the work to be done along with many attachments, this form is filed with registrar.
Form INC-7 attachments
As per section 7 of company’s act 2013, the attachments are:
- Memorandum of association as per Table A of schedule I
- Articles of Association as per Table F of schedule I
- Declaration in Form INC-8 by professionals (As per the company incorporation rules 2014, A declaration in the prescribed form by a professional i.e. CA, CS, Advocate, CWA is to be submitted)
- Affidavit from the subscribers of the Memorandum in Form INC-9 (As per the company incorporation rules 2014, an affidavit from each subscriber to MOA that he is not convicted of any offence in connection with promotion, incorporation that he has not been found guilty of any fraud under this act or any previous law during the preceding 5 years and that all the documents filed with the registrar are complete, correct and true to the best of his knowledge is also to be submitted.)
- Proof of Residential address which should not be older than 2 months (the address for correspondence till the establishment of registered office)
- Proof of Identity (the particulars of name, residential address, nationality and such other particulars of every subscriber to memorandum and the particulars of the persons mentioned in the articles as first directors along with proof of identity as may be prescribed)
- The particulars of the interest of the person mentioned in the articles as the first directors of the company in other firms or bodies corporate along with their consent to act as director of the company.
- It is mandatory to attach entrenched Articles of association if any of the articles are entrenched
- NOC in case there is any change in promoters (first subscribers of MOA)
- PAN card (in case of Indian national)
- Proof of nationality in case the subscriber is a foreigner.
- Verification of signature of subscribers in Form INC-10, in case the company is not having any share capital.
- Copy of certificate of incorporation of the foreign body corporate and proof of registered office address.
- Certified true copy of board resolution by all the partners authorizing to subscribe MOA.
Form INC-22: Notice of situation of the registered office of the company
As per section 12 of the companies act 2013 states that the company shall furnish to the registrar verification of its registered office within a period of 30 days of its incorporation in such a manner as may be prescribed.
Along with INC-7 and its attachments, Form INC-22 is to be filed with following attachments:
- Proof of registered office (Lease deed/ Rent Agreement along with the rent receipt) etc or (the notarized copy of lease/ rent agreement in the name of company along with a copy of rent paid receipt not older than one month; or authorization from the owner of the premises along with the proof of ownership or occupancy authorization to use the premises by the company as its registered office.)
- Copy of the utility bills as mentioned above (not older than two months) (the proof of evidence of any utility service like telephone, gas, electricity etc depicting the address of the premises in the name of owner or document, as the case may be, which is not older than two months)
- List of all companies ( specifying their CIN) having the same registered office address (if any)
- Optional attachment (if any)
Form DIR-12 : Particulars of appointment of Directors
As per rule 17 of company (incorporation) rules 2014, the particulars of each person mentioned in the articles as first director of the company and his interest in other entities along with his consent to act as director of the company shall be filed in Form DIR-12 along with the fee as provided in the rules. The attachments to this Form are:
- Declaration by first director in Form INC-9 is mandatory to attach in case of a new company
- Declaration of the appointee director in Form DIR-2
- Interest in other entities of director
- Optional attachments (if any)
- User is required to file e-Form INC-7 for incorporation of Company other than OPC within sixty days from the date of application of reservation of name in e-Form INC-1.
- It is suggested that e-Form DIR-12 and e-Form INC-22 should be filed together at the time of filing of e-Form INC-7 when address for correspondence is the address of registered office of the company.
- In case the address for correspondence is not the address of the registered office of the Company, user is required to file INC-22 within 30 days of its incorporation.
- Stamp duty on e-Form INC-7, Memorandum of Association (MOA) and Articles of Association (AOA) can be paid electronically through the MCA portal and in such case submission of physical copies of the uploaded e-Form INC-7, MOA and AOA to the office of ROC is not required.
- Payment of stamp duty electronically through MCA portal is mandatory in respect of the States which have authorized the Central Government to collect stamp duty on their behalf.
- Now e-Stamp duty payment is to be done online through MCA portal for all the states.
- User is required to scan the photograph of every subscriber with MOA and AOA
Declaration at the time of commencement of business
The declaration filed by a director shall be in Form INC-21 along with the fee as the contents of the form shall be verified by a Company Secretary in practice or a Chartered Accountant or Cost accountant in practice.
Provided that in the case of a company requiring registration from sectoral regulators such as Reserve bank of India, Securities and Exchange Board of India etc the approval from such regulator shall be required.
As per section 11(1)(a) of the Companies Act, 2013 and Rule 24 of Companies (incorporation) Rules 2014, declaration prior to the commencement of business in Form INC-21 along with following attachments is to filed:
- Specimen signature in Form INC-10
- Certificate of Registration issued by the RBI (in case of Non-financial companies)/ from other regulator as the case may be.
- Optional attachments (if any)
But the requirement of filing of Form INC-21 has been dispensed by Companies (Amendment) Act,2015. So companies need not to file E-form INC-21.
As per Rule 16(1) of Companies (Incorporation) Rules, 2014, the following particulars of every subscriber to the memorandum shall be filed with the Registrar-
(a) Name (including surname or family name) and recent Photograph affixed and scan with MOA and AOA:
(b) Father’s/Mother’s/ name:
(d) Date of Birth:
(e) Place of Birth (District and State):
(f) Educational qualification:
(h) Income-tax permanent account number:
(i) Permanent residential address and also Present address (Time since residing at present address and address of previous residence address (es) if stay of present address is less than one year) similarly the office/business addresses :
(j) Email id of Subscriber;
(k) Phone No. of Subscriber;
(l) Fax no. of Subscriber (optional)
Explanation.- information related to (i) to (l) shall be of the individual subscriber and not of the professional engaged in the incorporation of the company;
(m) Proof of Identity:
For Indian Nationals: PAN Card (mandatory) and any one of the following:
- Voter’s identity card
- Passport copy
- Driving License copy
- Unique Identification Number (UIN)
For Foreign nationals and Non Resident Indians: Passport
(n) Residential proof such as Bank Statement, Electricity Bill, Telephone / Mobile Bill: Provided that Bank statement Electricity bill, Telephone or Mobile bill shall not be more than two months old;
(o) Proof of nationality in case the subscriber is a foreign national.
(p) If the subscriber is already a director or promoter of a company(s), the particulars relating to-
- Name of the company;
- Corporate Identity Number;
- Whether interested as a director or promoter;
(q) The specimen signature and latest photograph duly verified by the banker or notary shall be in the prescribed Form INC-10.
Must Check – How to Form a Private Limited Company Step by Step – [button color=”blue” size=”large” type=”” target=”” link=”https://www.alerttax.in/form-a-private-limited-company/”]Check Here[/button]
Useful Links to Know more about Formation & Registration of Private Limited Company
|Company Important Pages||Check Here|
|How to Form a Private Limited Company||Check Here|
|Company Income Tax Rates||Check Here|
|TDS on Payment to Foreign Company||Check Here|
|Advantages of Private Limited Company||Check Here|
|Cost to Form a Private Limited Company||Check Here|
About the Author
Arpit Goyal is pursuing CA and B.com & also working as an article assistant in Gurgaon. He has an immense interest in Taxation. He loves to use technology to spread knowledge about taxation & accounts.