Incorporation of an Indian Company
For ease of doing business in India, the process of incorporation of a company in India is completely changed. Steps for incorporation of the company is as below :-
- Obtain DIN (Director Identification Number) of all proposed Directors.
- Obtain DSC (Digital Signature Certificate) for at least one proposed director.
- Registration of DSC with MCA
- Apply for the name of the company to be registered by filing Form
- RUN (Reserve Unique Name).
- Form SPICe (INC-32) required to be submit alongwith eMOA (INC-33) and eAOA INC-34).
- Form INC-22 required to submit for notice of registered office, In case the registered address is different, within 30 days of its incorporation. It is not required to be filed with SPICe (INC-32) if a company is registered with the same address as the address for correspondence (in INC-32).
- On approval of SPICe forms, the Certificate of Incorporation (CoI) is issued with PAN and TAN as allotted by the Income Tax Department.
Incorporation of a Company U/s 8
- To register a section 8 company, applicant is required to file Form INC-1 for name availability.
- Once the name is approved/made available, there is a further requirement of obtaining a license for a Section 8 Company, for which Form RD-1 is to be filed in order to obtain a license for such company.
- After obtaining license number, applicant can proceed further to incorporate a company by filing eforms INC-7, INC-22 and DIR-12 or eforms INC-7 and DIR-12 as the case may be.
Establishment of Place of Business in India By Foreign Company
- Any foreign company can establish its place of business in India by filling Form FC-1 (Documents delivered for registration by a foreign company).
- The eForm has to be digitally signed by authorized representative of the foreign company.
- There is no need to apply and obtain DIN for Directors of a foreign company but the DSC of the authorized representative is mandatory, which again is not required to be registered on MCA Application.
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