In India Companies are of three types:
1. Private Company
2. Public Company
3. Section 25 Company
In this post we will discuss the steps to incorporate a private company:
Section 3(1) (iii) defines a private company as one which:-
(a)has a minimum paid-up share capital of Rs.1 Lakh or such higher capital as may be prescribed;and (b)by its Articles Association:
1.restricts the right of transfer of its share;
2.limits the number of its members to 50 which will not include:-
A. members who are employees of the company; and B. members who are ex-employees of the company and were members while in such employment and who have continued to be members after ceasing to be employees;
3.prohibits any invitation to the public to subscribe for any shares or debentures of the company; and
4.Prohibits any invitation or acceptance of deposits from persons other than its members, directors or their relatives.
1. Private Company
2. Public Company
3. Section 25 Company
In this post we will discuss the steps to incorporate a private company:
Section 3(1) (iii) defines a private company as one which:-
(a)has a minimum paid-up share capital of Rs.1 Lakh or such higher capital as may be prescribed;and (b)by its Articles Association:
1.restricts the right of transfer of its share;
2.limits the number of its members to 50 which will not include:-
A. members who are employees of the company; and B. members who are ex-employees of the company and were members while in such employment and who have continued to be members after ceasing to be employees;
3.prohibits any invitation to the public to subscribe for any shares or debentures of the company; and
4.Prohibits any invitation or acceptance of deposits from persons other than its members, directors or their relatives.
STEPS TO REGISTER A COMPANY
1. Get DSC for one of the director- First of all get a Class II Digital Signature Certificate for one of the prospective director. This can be purchased from your local RA of companies providing DSC. DSC usually cost Rs. 500-700 but its price goes to as low as Rs. 250 at the peak season.
2.Get DIN for the director- After getting DSC, get Director Identification Number for Each Director. There should be atleast 2 director for Private Company. To get DIN file online form DIN1. Fees is Rs. 100 for each DIN.
3. Apply for Name of Company- After getting DIN for each director apply for name of the company. You can apply upto 6 names for the prospective company. For applying for name file Form 1A. Fees for Name approval is Rs. 1000.00
4. Get MOA and AOA stamped- Pay appropriate Stamp Duty and get your MOA and AOA vetted.
5. File form 1- Application or declaration for incorporation of a company
6. File Form 18-Notice of situation or change of situation of registered office
7. File Form 32- Particulars of appointment of managing director, directors, manager and secretary and the changes among them or consent of candidate to act as a managing director or director or manager or secretary of a company and/ or undertaking to take and pay for qualification share
Author
Akshay Jain
Chartered Accountant
Varanasi (U.P.)
Contact Me at: ngoandtaxconsultant@gmail.com for any query
or Ask your query at
Your Question Our Answer.
Author
Akshay Jain
Chartered Accountant
Varanasi (U.P.)
Contact Me at: ngoandtaxconsultant@gmail.com for any query
or Ask your query at
Your Question Our Answer.
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