registertion of company
PRAKASHCHANDRA MARU
(Querist) 27 May 2009
This query is : Resolved
hello all respected learned
pls.provide me full procedure to register company with the expenses of all documents and pls provide the documents if possible regards
A V Vishal
(Expert) 27 May 2009
Dear Prakash
First apply for DIN for the signatories of Memorandum and Articles and the first directors of the company.
Then obtain a DSC in the name of the promoter/director who intends to incorporate the company.
Arrange to get the name approval in Form 1 A, which needs to be applied online by paying Rs.500/- with atleast six names.
Prepare Memorandum and Articles etc. Arrange to prepare MOA and AOA and get it stamped as per stamp act prevailing in your State. Scan the stamped pages of MOA and also the last page of MOA which will be written and signed by subscribers and witness.Convert MOA file and AOA file to PDF file. You will have two PDF file one for MOA and one for AOA. Authorisation letter on a stamp paper for correcting MOA and AOA- to be scanned ( Authorisation letter is only for appearing and correcting the documents) Name approval letter-to be scanned, Franked Form 1 containing the name of the company is enough. - to be scanned. Address proof of the subscribers - to be scanned. Download and fill up Form 1. This has to be digitally signed by a person named in the articles as a director or manager or secretary OR by a CA or ACS or Advocate or Secretary. Better get it signed by director before getting it digitally signed MOA , AOA and Others to be attached.Download and fill up form 18 and 32 affix digital signature and keep it. Then go to MCA site; if you are already registered then log in and click E filing.
Then upload Form 1, after completing it will ask to upload Form 32 and 18. Then it will ask for payment of fees. Once you make the payment thru' credit card or challan get the receipt printed. Carry all the originals MOA, AOA,Form 18,32, Form 1 in stamp paper,, Authorisation letter, name allotment letter, and copy of payment challan and hand over at ROC office. The next day a message will come through email where they will mention whether everything is in order or any correction are to be carried out, if yes, then go to ROC and collect the originals and make the necessary corrections. when ever you make correction on stamp paper it has to be scanned again and converted to PDF file because PDF files can not be edited. Upload again Form 1 with necessary attachment along with Form 32 and 18 again. Then submit the originals again to ROC office. If all the corrections are carried out properly, in a day or two you will get Certificate thru' email and the original incorporation certificate will be dispatched to the address mentioned on Form18.
The procedure stated above is for a private limited company, in case of a public limited company, there is slight variation and a few more compliances like certificate of commencement of business, statutory report and meeting etc.. has to be taken care of.
M. PIRAVI PERUMAL
(Expert) 27 May 2009
KINDLY GO THROUGH FILES AND ARTICLES SECTION OF LCI LOT ON THE SUBJECT HAS BEEN UPLOADED.
M. PIRAVI PERUMAL
(Expert) 27 May 2009
A private Company can be formed either by i. incorporation of a new company for doing a new business , or ii. conversion of existing business of a sole proprietory concern or partnership firm into a company. A sole proprietory or partnership business can be converted into a company in any of the following ways: 1. By outright sale of the business as a going concern. It may be a block sale where the following takes over all the assets and liabilities of the firm or it may be partial take over of certain assets and liabilities. The consideration may be based on itemized sale or it may be on slump sale basis. 2. A company becoming a partner of the firm which will be dissolved thereafter by making partners of the firms the only shareholders of the newly incorporated company for which the following steps should be taken: (i) Form a private company as per the procedure. (ii) The proprietor of the existing business alongwith some other persons (generally, family members and friends) or the partners of the existing firms, are the subscribers to the Company Memorandum of Association (iii) Make the newly formed company a partner with the sole-proprietor or the partners of the existing business. For this purpose a fresh partnership deed is to be executed. (iv) Make a provision in the new partnership deed for the transfer of all assets and liabilities of the firm to any one of the partners who will pay off to the other partners. (v) Dissolve the partnership with the whole business going to the company as the sole continuing partner. (vi) Every other partner of the firm (or the proprietor) gets shares in the company in lieu of his interest in the firm on dissolution. PRELIMINARIES - PROMOTERS / REGISTERED OFFICE PROMOTION The promotion of a company comprises of the preliminary preparatory steps leading to its incorporation. A promoter is a person who brings about the incorporation and organization of a corporation. He brings together the persons who become interested in the enterprise, aids in procuring subscribes and sets in motion the machinery which leads to the formation itself. Who can be a Promoter? Any person who is capable of entering into a contract can be a promoter. Minor, undischarged insolvent, a non-resident without the general or special permission of the Reserve Bank of India, partnership firm, HUF and persons working in professional capacity cannot be promoter. REGISTERED OFFICE The promoters have to take an important decision as to the place of registered office of the proposed company. The name of the state has to be specified in the application for availability of name in Form 1-A and in the Memorandum also. The application in Form 1-A and other documents of registration shall then be field with the Registrar of Companies having territorial jurisdiction over that state. The exact location of the registered office should be informed to the Register in Form 18, within 30 days of incorporation of the company. NAME The name of a corporation is the symbol of its personal existence. Any suitable name may be selected subject, however, to the following instructions: i. No company can be registered with a name which in the opinion of the Central Government is undesirable. ii. The name of the company should not be identical with or should not too nearly resemble, the name of another registered company, for such name may be declared undesirable by the Central Government. iii. Whatever be the name of the company if the liability of the members is limited the last word of the name must be ‘Limited’ and in the case of a private company ‘Private Limited’ iv. Name of the Company must be printed on the outside of every place where the business of the company is carried on. Such name including the address of the registered office, must also be mentioned on all business letters and other official publications, on all negotiable instruments issued or endorsed by the company and on all other orders, receipts, etc. Application for Availabili
SANJAY DIXIT
(Expert) 28 May 2009
Nothing remained to suggest. thanks to Mr Vishal and Perumal.
