Incorporation of Companies under Companies Act, 2013

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Steps for Incorporation of company under Companies Act, 2013

 

  1. Obtaining Digital Signature Certificate

For the Directors of the company, we have to obtain the Digital Signature Certificate (DSC).

For the DSC, the following documents are required:

  • For Indian Nationals: PAN Card (mandatory) and Voter’s identity card or Passport copy or Driving License copy
  • For Foreign nationals and Non Resident Indians: Passport Residential proof such as Bank Statement, Electricity Bill, Telephone / Mobile Bill; Provided that Bank statement Electricity bill, Telephone or Mobile bill shall not be more than two months old. Foreign director’s specimen signature and latest photograph duly verified by the banker or notary.
  1. Obtaining Director Identification No. (DIN)

Application in Form DIR-3 is to be e-filed for getting the Director Identification Number for all the proposed directors.

  1. Application for Reservation of Name

Application in Form INC -1 to be e-filed for the proposed company, giving 5-6 options of the main name with combination of coined words. The same shall be reserved for a period of 60 days.

  1. Drafting of Memorandum of Association

The main lines of business to be pursued on formation of the company to be mentioned. The secondary or incidental objects also to be furnished.

  1. Drafting of Articles of Association

The bye-laws of the company to be drafted as Articles of Association in line with the provisions of the Companies Act, 2013.

  1. Filing Incorporation Form

The e-filing of Form No. INC.7 to be made alongwith,

(a) The Memorandum and Articles of the company duly signed by all subscribers;

(b)   A declaration in Form No.INC.8 by an advocate or Practicing professional (CA, CS, CA) who is engaged in incorporation, and a person named as Director, Manager or Secretary, that all requirements related to incorporation has been complied with;

(c)   An affidavit in Form No. INC.9 from each subscriber and from each person named as first director in the articles that, he is not convicted of any offence in connection with promotion, formation or management of any company, he is not been found guilty of any fraud or misfeasance or of any breach of duty to any company during preceding five years, and all the documents filed with the Registrar contain correct, complete and true information to the best of his knowledge and belief;

(d)  The address for correspondence till its registered office is established;

(e)  The particulars of every subscribers along with proof of identity;

(f)   The Particulars of first directors along with proof of identity; and

(g)  The particulars of interests of first directors in other firms or bodies corporate along with their consent to act as directors.

 

  1. Registered Office to be established

A company shall have a registered office within 15 days of Incorporation and it shall file Form No.INC.22 to verify the same.

Thus all the documents can be filed on-line to incorporate the company.

As initiative of ease of doing business, incorporation can be done through e-filing of single integrated Form 29, as well.

How to read the Corporate Identification Number CIN of a company

by | posted in: Company Incorporations, e-filing of MCA Returns, Corporate Updates | 0

How to read the CIN of a company:

You would have come across some long alphanumeric numbers of companies called CIN.

The CIN (Corporate Identification Number) of a company is given as unique code of alphanumeric characters, which, every company that is incorporated in India is given as unique code at the time of its incorporation and this is the Corporate Identification Number (CIN) of that company. This code is given irrespective of whether the company is a private company, public company or listed company or One Person Company.

 

What CIN represents:

​CIN is an alphanumeric 21 digit code given to companies. It stores vital information to represent a company.  For example, a CIN would read something like this: U72300MH2014PTC097368. The CIN Number given in the above example is divided into 6 parts. Each part contains information about the Company:

 

  1. First Digit represents the listing status – A Company may be either listed or unlisted. First Digit of the CIN indicates the Listing status of the company. If the company is listed, it will be mentioned “L”, if the company is unlisted, it will be mentioned “U” as the first digit of the CIN.

 

  1. Next Five Digits represents the Industry Code – Depending on the business line the company belongs to, the Company selects an industry in which it operates. Accordingly, a relevant industry code is allotted to the company.

 

  1. Next Two Digits represents the State Code – These digits represent the State in which the registered office of the company is situated. This helps us know which Registrar or ROC is applicable with respect to the company.

 

For Example: If the company has been registered in Tamil Nadu in the above example “TN” and in case a company is situated in the state of Maharashtra, the Code would be “MH”. In case, the company shifts its registered office to some other place later, the CIN would change due to change in the State Code.

 

  1. Next Four Digits represents the year of incorporation of the Company – These digits represents the year in which the company was incorporated. By looking at the CIN of the company, one can tell that the year in which the company was incorporated.

 

  1. Next Three Digits represents the type of the company – These three digits identify the type of the company. A company may be any of the following:

– Public Limited Company (PLC)

– Private Limited Company (PTC)

– Government of India Company, Centre (GOI)

– One person Company (OPC)

– Company of State Government (SGC)

– Section 8 Company – Not for Profit (NPL)

 

  1. Last Six Digits – These last 6 digits represent the ROC Registration Number of the company. They are unique numbers given to every company at the time of incorporation by the ROC in which they are registering. This number depends on the ROC in which the company is registering and also the Industry to which has been associated with.

 

This is what the 21 digit CIN Code comprises of. Next time, you see CIN of a company, there would be many things that you should be able to read easily.

You can look for CIN of the companies in a corporate directory. CIN is also mentioned on the letter head of the company.

 

Would a Company’s CIN ever change?

 

Yes. CIN is the number with which we identify a company. Typically CIN is to remain with the company for a lifetime but in, few cases, the CIN of the company could change:

* Change in State where registered office of the company is situated

* The listing status of the company changes

* The industry of the company changes

* The company becomes public limited from private limited or vice versa