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1 Steps for incorporation of company in India
2 Obtain Digital Signature Certificate (DSC) Summarized steps for incorporation of company in India Obtain Directors Identification Number (DIN) Obtain approval of proposed name from the Registrar of Companies File necessary Forms including prescribed fees Issue of Certificate of Incorporation by the Registrar of Companies
3 Every individual can be appointed as a director of a company subject to his holding the Directors Identification Number (‘DIN’) Further, Director who is authorized to certify documents is required to obtain Digital Signature Certificate (‘DSC’) Application shall be filed in electronic mode with certifying authorities Certifying authorities shall issue DSC within 3 to 7 days from the date of application DIN is not pre-requisite for applying and obtaining DSC Step – 1: Obtain DIN & DSC File e-form DIN-1 Allotment of Provisional DIN File hard copy of DIN-1 along with requisite documents DIN shall be allotted within one month from the date of application Non-resident person can apply for DIN – documents should be attested by Indian Embassy or Apostiling Authority File & obtain DSC from certifying authorities Steps for DIN application Refer “Annexure 1” for documents
4 Application for name availability shall be filed in Form 1A with Registrar of Companies (‘RoC’) The following details shall be provided in Form 1A Proposed name – six names shall be provided in order of preference Proposed authorised share capital of the company Object of the company Name of directors for whom DIN & DSC were applied Details of other directorships held by the directors Promoters can be either Foreign Company’s / Body Corporate or combination of both or an individual or body corporate may be appointed as nominee – company registration details shall be provided if promoter is Foreign Company / Body Corporate Copy of Memorandum of Association and Articles of Association of promoter body corporate Address of the proposed registered office of company Board resolution from Parent Foreign Company for incorporating company and no objection certificate if name of the proposed Indian Company is similar or same as Parent Foreign Company Board resolution from Second / Nominee Foreign Company – if two Foreign Company / Body Corporate are acting as promoters Step – 2: Application for name availability Documents submitted by Foreign Parent Company should be attested by Indian Embassy or Apostiling Authority
5 Step – 3: Application for incorporation of company Receive intimation from RoC for approval of name Steps for Incorporation of Company Company to finalize the Memorandum of Association & Articles of Association (Charter Document) File Form 1, 18 & 32 – along with requisite documents & necessary fees RoC to register company and issue Certificate of Incorporation – if no changes recommended in the Charter Document FC-GPR needs to filed with RBI where non-resident individual subscribes to qualification shares of Company Pass Board Resolution & open Bank Account Receive consideration & issue shares to the subscriber of Memorandum Refer “Annexure 2” for documents
6 Name :- Full name of the Applicant. Full name of Applicant’s Father Address :- Present Residential Address of the Applicant (including PIN Code/ZIP Code, Country and Telephone no, e-mail id). Permanent Address of the Applicant (including PIN Code/ZIP Code, Country and Telephone no, e-mail id) – if different from present residential address Personal details of Applicant :- Citizenship, Nationality, Date of Birth, Place of Birth, Income Tax permanent no. (if any), Passport no., Voter’s Identity Card no., Driving License no., Visa Details (if any obtained on the passport, preferably latest), Passport Size Photograph; Proof of identity any one of the following Passport and visa (mandatory if applicant is a non-resident), Election / Voter Id Card Driving License Valid proof of residence any one of the following (address proof should be in English / Hindi if in any other language should be translated and certified by official translator and address proof should be in the name of the Applicant) Passport (if it contains residential address) Electricity bill (not older than 1 month) Telephone bill (not older than 1 month) Bank statement Driving license Annexure – 1: For DIN & DSC Documents submitted by non-resident should be attested by Indian Embassy or Apostiling Authority
7 Stamped and signed copy of Memorandum of Association (MoA) and Articles of Association (AoA) Any other agreement if referred in MoA and AoA and shall form part of MoA and AoA Any agreement which the company proposes to enter into with any individual for appointment as its managing or whole time director or manager Copy of RoC’s approval for name availability Notice of the situation of registered office of proposed company in Form 18 Consent letter from each proposed Directors to act as director (should be notarized and consularised) Declaration from Director about his directorship in other companies in India, he not disqualified from being appointed as director, Power of Attorney in favor of one of the subscribers to the MoA or any other person authorizing him to file the documents and papers for registration and to make any corrections Demand draft from foreign company for stamp duty and filing fees as per authorized capital Annexure – 2: For Filing of Form 1, Form 18 and Form 32 MoA and AoA should be attested by Indian Embassy or Apostiling Authority if signed outside India
8 Annexure – 3: Relevant Forms Form NoAttachment e-Form – DIN-1 Form 1A for seeking name approval Form 1 Form 18 Form 32
9 Thank You
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