Company registration is broadly a 3-stage process. If you follow the correct method and waste no time, you could have the incorporation certificate within 14 working days through the new INC-29 procedure. But always be prepared for a longer wait, particularly if the Registrar of Companies (RoC) has a heavy workload at the time or your proposed company's name is rejected on first attempt. A detailed explanation of the procedure now follows, along with expected timelines and charges involved. We've also answered FAQs and suggested best practices for your application; however, if you still have questions, feel free to contact us at firstname.lastname@example.org and we'll get back to you as soon as we can.
|Company Registration Process||Time||Cost|
|2 to 4 working days||Rs. 1500|
|1 day||Rs. 2000 to Rs. 5000|
|2 days||Does not apply|
|2 days||Rs. 2000 + stamp duty + authorised capital fee|
|5 to 7 days||Does not Apply|
incorporation is now done online, 1 of your company's directors' signatures will be needed on all the electronic documents. To make this possible, he/she would need a Class-II Digital Signature Certificate (DSC). This is available from a vendor of any one of the 6 Certifying Authorities appointed by the Ministry of Corporate Affairs (MCA), including Tata Consultancy Services, nCode and e-Mudhra. The rates of their vendors could differ vastly. Charges would include the cost of the physical USB token and the certificate itself. The entire process would take 2 to 4 days, largely because hard copies of the form and documents need to be couriered to the vendor (online legal services companies, including VakilSearch, would, however, need only self-attested soft copies to begin the process).
What do you need to submit?
A hard copy of completed Class-II form and identity Proof (self-attested copy of PAN card or, in case of foreign national, copy of Passport). You also need to submit address proof, which could be self-attested copy of (any one) Passport/Election/Voter ID/Ration Card/Driver's License/Utilities Bill/AADHAR Card. If the Utilities Bill (Electricity/Telephone) is submitted, it should be in the name of the Applicant and no older than two months from the filing of the form (12 months, in case of foreign national).
What are common reasons for rejection of DSC?
Abbreviating names, regardless of what is mentioned in the ID/Address proof, mistakes in the spelling, prefixes (Mr, Mrs, etc) and submission of old bills.
You don't need to wait for the DIN to begin this process. In fact, given how tricky it can be, it's best that you start it as soon as you apply for DSC. The reasons are that the INC-29 only allows you to propose 1 company name and the MCA is very picky about the ones it approves. You, of course, can't select already taken company names and trademarked words. And while picking one, make sure it comprises:
This is the part you coin. It could be a combination of the directors' names or last names (Ravi + Aravind = Aravi), a combination of two words (InfoSys, for example) or just a unique word (whether or not it is in a dictionary). Avoid abbreviations, adjectives and generic words are rejected. So 'ABC Software', 'Best Software' or 'National Software' would not be accepted. Also read up on undesirable names and guidelines on the use of the words 'bank', 'stock exchange' and 'exchange'. These would need approval from RBI or SEBI.
This describes your business. If you're in the software business, pick Software or InfoTech. If you're starting a publisher, pick publishing. Avoid: Being unclear, of course. If you're in the IT Services business, don't just use services; pick IT Services. If you're ready with both components, you're ready with your name. Just add the Private Limited at the end and you're done. To check if your name is available, use our name search tool.
Once the name is approved, the MCA requires further definition of the proposed company. These will be provided through the Memorandum of Association (MoA) and Articles of Association (AoA), which can be drafted by a CS or lawyer. Both need to be self-attested. In the MoA, remember to paste the exact Main Objects, too.
The INC-29 that we'll talk about in the next step is an 8-page form. Along with it, you'll need to submit several documents. As it can take up to 15 for approval and resubmission is allowed only once, it's worth taking 2 days to get all the documents in order. Here are all the documents and information you need, aside from what is discussed in the previous two steps:
Up to 3 directors may apply for the Director Information Number (DIN). To apply, you need the same documents as those submitted for a DSC. If your company has more than 3 directors without DINs, you would need to provide their details and apply for DINs separately (DSCs would also be required).
As part of the filing, you will need to provide details about the registered office address. For this, you would need to provide a copy of the latest utility bill for the office address, a copy of the Rental Agreement along with an NoC from the owner (if rented property) and sale deed (if property is owned).
Letters of appointment of directors, CEO, managers, declaration by first director in INC-9, and declararion by appointee director and managing director in Form DIR-2. All of these would need to be self-attested. A Company Secretary would also need to give a declaration toward the proposed company verifying the authenticity of the declarations.
The form needs to be filed very carefully because you only get one opportunity to resumbit it. So let's say your form is found to have 5 errors by the RoC, but you only correct 3 of them, the RoC will reject your form and you would have to pay the filing fees again and go through immense trouble to get a refund on the authorised capital fee and the stamp duty. This is why you have to ensure your documents are in order. Once you file the form RoC fees and stamp duty will need to be paid electronically. RoC fees change according to authorised capital fee and the stamp duty varies by location. In certain states, such as Punjab and Kerala, it is costlier than in others. You can calculate the fees to be paid on the MCA here [Registration needed]).
The RoC will verify the documents. If any changes are needed, you will be notified of the required changes. If it's all clear, you shall receive the certificate of incorporation within 7 to 8 days. It will be e-mailed to the directors. The MCA now only issues digital certificates. You can print out the incorporation certificate if you wish. You will also need to apply for a company PAN and TAN at this stage. This can be done on the NSDL website at a minimal cost.
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