ASSIGNMENT NO.

PROCEDURE FOR INCORPORATION OF A PUBLIC LIMITED COMPANY

UNDER THE COMPANIES ACT, 2013

A public company (limited by shares) has the following features as under section 2(71) of the
Companies Act, 2013:

 Minimum paid up capital under: None, as per the Companies (Amendment) Act, 2015
 Maximum no. of members: Unlimited
 Minimum no. of Directors: 3
 Minimum no. of Subscribers: 7

INTRODUCTION

Once a company has been legally incorporated, it comes into existence and becomes a
distinct entity. The first step to form a company is known as Promotion where a person
persuades others to contribute capital to a proposed company before it is incorporated. Such a
person is called the promoter of the company. Section 3 to 22 of the Companies Act, 2013
(herein after called the Act) read with Companies (Incorporation) Rules, 2014 made under
Chapter II of the Act (herein after called ‘the Rules’) cover the provisions with regard to
incorporation of companies and matters incidental thereto.

APPLICATION FOR DIRECTOR’S IDENTIFICATION NUMBER (DIN) AND

DIGITAL SIGNATURES CERTIFICATE (DSC)

One must adhere to the Companies (Director Identification Number) Rules, 2006 to apply for
DIN as all proposed directors need to have the DIN. To apply, the following personal
information and documents are required:

 Full name of the Applicant,

 Date of Birth and Place of Birth of the Applicant,
 Phone number,
 E-mail ID,
 Identity Proof,
 Residential Proof,
 Latest photograph.
 Upon payment of the fee, the information is process and the number is allotted upon
successful verification. Thereafter, the applicant needs to obtain the Digital Signature
Certificate (DSC). To do so, one must visit the official website of the Ministry of Corporate
Affairs. Upon registration, enrolment and successful verification of the documents, the DSC
is allotted. The documentation required to obtain DSC is: Identity and address proof as
attested by a Gazetted Officer. After successful downloading of DSC promoters can proceed
with making the application for name availability.

NAME APPROVAL

Following information is required for filling up form No 1A:

 Full Name, Father’s name, Residential Address, Occupation, Nationality, Date of

Birth, email ID, DIN of all the Directors and Promoters.
 Copy of PAN/ voter’s ID/ passport of each Director and Promoter.
 Maximum 6 proposed names of the Company in order of preference and significance
for each proposed name.
 Details of prime activity of the Company
 Details of trade mark/ service mark associated with the proposed names and copies of
the application/ registration etc., if any. In case of logo is associated with the name of
the Company, and then soft copy of the logo is required.

REGISTRATION OF THE COMPANY

A Public Limited Company can be incorporated under section 4, 5, 7(1) of the Companies
Act, 2013 and under Rules 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 of the Companies
(Incorporation) Rules, 2014 within 60 days of the approval of company name from the
Registrar of Companies (RoC), the applicant may proceed to register the new company.

Step 1: The application for the registration of the company shall be filed with the Registrar in
whose jurisdiction the registered office of the company is situated i.e. Bangalore,
Karnataka for Anka Limited.
Step 2: The application is to be made under E-Form No. INC-7 along with the fee of Rs.
500/- as provided under the Companies (Registration, Offices and Fees) Rules, 2014.
The below mentioned is the required documentation:
 1. Memorandum of Association and Articles of Association signed by each
subscriber as prescribed under Rule 13 of the Companies (Incorporation)
Rules, 2014 and section 7(1)(a) of the Companies Act, 2013.
2. Declaration by a professional such as advocate, Chartered Accountant,
Company Secretary, Cost Accountant who is engaged in the formation of the
company, and by a person named in the Articles as a Director, Manager or
Secretary of the Company, that all requirements of the Companies Act, 2013
and rules thereunder have been duly complied with as under section 7(1)(b) of
the Companies Act, 2013 read with Rule 14 of the Companies (Incorporation)
Rules, 2014 in Form No. INC-8.
3. Affidavit from each of the subscribers and first directors in Form No. INC-9
declaring that they are not convicted of any offence falling under formation,
promotion or management of any company. Additionally declaring that no
fraud or breach of any duty to any company has been committed under the
Companies Act, 2013 in the preceding five years and that all the documents
filed with the Registrar contain correct information as per sections 7(1)(c) and
152 of the Companies Act, 2013 and Rule 15 of the Companies
(Incorporation) Rules, 2014.
4. Identity proof and address proof.

Step 3: Furnish the particulars and documents of each subscriber to the Memorandum of
Association as given under Rule 16 of the Companies (Incorporation) Rules, 2014 and
section 7(1)(e) of the Companies Act, 2013.
Step 4: The self-attested signature and latest photograph by the promoter and first director as
prescriber under Form No. INC-10 in compliance with Rule 16(1) of the Companies
(Incorporation) Rules, 2014.
Step 5: Particulars of First Directors of the company comprising of name, residential address,
identity proof, Director Identification Number (DIN) and consent to act as Directors
of the Company must be filled in E-Form No. DIR-12 as per sections 7(1)(f) and 7(1)
(g) of the Companies Act, 2013 and Rule 18 of the Companies (Incorporation) Rules,
2014.

If all the documents are in order, the Registrar shall issue a Certificate of Incorporation under
Form No. INC-11 bearing a Corporate Identity Number (CIN) in accordance with sections
7(2) and 7(3) of the Companies Act, 2013 and Rule 18 of the Companies (Incorporation)
Rules, 2014. In the final step, a bank account has to be opened in the name of the public
limited company. This must be open to carry out day to day transactions on behalf of the
organisation. This bank account must be differentiated from opening an individual bank
account.