PROCEDURE FOR

INCORPRATION OF COMPANY
 Types of Companies
• One Person Company
• Private Limited Company
• Public Limited Company
• Section 8 Company
 Private Limited Company
• A private limited company is a type of privately held business entity. This type of
business entity limits owner liability to the extend of unpaid amount (if any) on the
subscribed shares, limits the number of shareholders to 200 (excluding employees
of the company), and restricts shareholders from publicly trading of shares.
• Points of Focus:
 Minimum number of members two, maximum number 200 excluding employees
of the company;
 Minimum number of directors two. Subscriber and Director can be same person
or two different person;
 Minimum authorized share capital is Rs. 1 Lakh;
 Registered office of the company can be premises of the director whether owned
or rented.
STEPS TO INCORPOARTE PRIVATE LIMITED COMPANY

• OBTAIN DIGITAL SIGNATURE (DSC)

STEP-1

• APPLICATION FOR RESERVATION OF COMPANY NAME

STEP-2

• PREPARATIONOF INCORPORATION DOCUMENTS

• FILING OF INCORPORATION DOCUMENTS (INC 32, INC 33 &
STEP-3 INC 34)

• ISSUE OF CERTIFICATE OF INCORPORATION, PAN & TAN

STEP-4
 STEP-1
• A Digital Signature establishes the identity of the sender or signee electronically while
filing documents through the Internet. Obtaining Digital Signature is mandatory for
all the Directors of a proposed Company.
• Documents Required for DSC:

 Passport size photograph,

 ID proof (preferably PAN),

 Address Proof (preferably Aadhar Card).

 Mobile No. and

 Email Id
STEP-2 (NAME RESERVATION)
• Application for reservation of name can be filed through
RUN facilityat www.mca.gov.in under MCA Services tap.
PRECAUTIONS WHILE SELECTING PROPOSED COMPANY NAME

 Name should be unique.

It should not resemble with any of the existing company or LLP

name: for example

a. SHREE INDUSTRIES PVT LTD and SR INDUSTRIES PVT LTD

b. R V INFO PVT LTD and AAR VEE INFO PVT LTD

c. SIMPLE TRADE PVT LTD and SIMPLE INDIA TRADE PVT LTD
 Prefix and Suffix:
Adding any of the following word will not result in new name. For
Eample
New, Modern, Sri, Dev, Sai, Ram etc.

Ganpati Udyog Pvt Ltd and Sri Ganpati Udyog Private Limited
National Infra Pvt Ltd and New National Infra Pvt Ltd

 Name Should not resemble with registered or applied Trademark

 Name should not contain any of the restricted word or restricted meaning
Special Points Regarding Name Approval
• Once the name is approved it is valid for 20 days;

• Filing fee for RUN is Rs. 1000/- (with 2 Proposed Names) and
one resubmission option. Means if applied name is rejected
even after re-submission you have to make a new RUN
application and fee of Rs. 1000/- has to be paid;

• You have option to apply for name with form INC 32 (Spice)
and no separate fee of Rs. 1000/- is required to be paid.
STEP-3 Preparation of Incorporation Documents
• Documents required for Company formation:

 PAN & Aadhaar Card of all the subscribers/directors;

 ID Proof i.e. Passport, Driving License or Voter ID;

 Address Proof i.e. Bank Statement, Telephone Bill, Mobile Bill, Electricity Bill not
older than two months;

 Address Proof of Registered Office i.e. Telephone Bill, Mobile Bill, Electricity Bill,
LPG Gas Bill not older than two months;
 Copy of Rent Agreement if taken on lease/rent by company or
director;

 No objection certificate from the owner of the premises and tenant (if
taken on rent by director);

 Declaration as per INC 9 from all the subscribers and

directors;

 Declaration from Professional in INC 8

• Once all the above mentioned documents are arranged, next step is to fill
following forms:
 INC-32 (Spice): In Spice Form applicant fill details of:
 Authorized Share Capital,
 Registered Office Address,
 Proposed Name (If not reserved using RUN Facility),
 Directors having DIN and number of directors not having DIN which can be
maximum 3,
 No. of shares will be subscribed by each subscriber,
 Above mentioned documents are attached with the form.
 Spice Form is digitally signed by one of the Director and Practicing
Professional.
Special Points with reference to Form INC 32 Spice
• If name is approved by RUN then use SRN of RUN to pre fill the company
name;

• If RUN facility is not availed then application for reservation ofproposed name
can be filed in Spice Form;
• If directors does not possess DIN then application for maximum three DIN can
be filed in Spice Form;

• Before prescrutiny of Form DSC of Director should be registered on MCA site

as Director if having DIN and as Authorized Representative if not having DIN.

• INC-32 has option to attach copy of MOA and AOA, it is applicable only if
subscriber to MOA and AOA are NRI and they signed MOA and AOA outside
India
 Preparation of Form INC 33- eMOA
• Once INC 32 (Spice) is completed, next step is to prepare INC 33- e-

MOA;

• Either pre fill using SRN of RUN or type proposed name of the company;

• Select state in which registered office is situated;

• Main objects and other objects of the company should be drafted and

mentioned in the Form INC 33 e-MOA;

• Mention details of Authorized Share Capital (same as mentioned in INC

32 (Spice));

• Digitally sign INC 33 e-MOA by each subscriber and Professional as

witness.
Special Points with reference to Form INC 33 e-MOA

• Select Table-A, if company is limited by shares;

• Name, Father’s Name, Address , Occupation, DIN or PAN and No. of shares
subscribed (same as mentioned in INC 32 (Spice)) should be mentioned under
subscriber details;

• DSC of all the subscribers should be registered on MCA website either as

Director if having DIN or as Authorized Representative if not having DIN;
• Make sure that DSC of all the subscriber and professional should be affixed on
form INC-33 e-MOA on the same date;
 Preparation of Form INC 34- eAOA
• Once INC 33 e-MOA is completed, next step is to prepare INC 34- e-

AOA;

• Either pre fill using SRN of RUN or type proposed name of the company;

• Modify point no. 1 of INC 34 e-AOA and mention definition of Private

Limited Company as per section 2 (68);

• Modify point no. 58 of INC 34 e-AOA and mention name of proposed

Directors;

• If any modification in any of the other point is required that can be done;
• Digitally sign INC 34 e-AOA by each subscriber and Professional as
witness.
Special Points with reference to Form INC 34 e-AOA

• Select Table-F, is company is limited by shares;

• DSC of all the subscribers should be registered on MCA website

either as Director if having DIN or as Authorized Representative if

not having DIN;

• Make sure that DSC of all the subscriber and professional should

be affixed on form INC-34 e-AOA on the same date;

 STEP-4 Issue of Certificate of Incorporation,
PAN & TAN
• If the filed form INC 32 (Spice), INC-33 (e-MOA) and INC 34 (e-AOA) is
complete and processing officer at CRC finds all the documents in order then
status of form will be updated to approve and Certificate of Incorporation is
issued;

 In case any deficiency is find by the processing officer resubmission will be

asked. For Spice form two chances of resubmission is given;

 PAN and TAN will be issued simultaneously. PAN of the company will be
mentioned on the Certificate of Incorporation.