Draft Documents For Incorporation of Company

CHECKLIST FOR INCORPORATION OF A PRIVATE COMPANY

STEP-1: FILING FORM DIR-3- APPLYING FOR ALLOTMENT OF DIN OF PROPOSED

DIRECTORS

CHECKLIST OF DOCUMENTS

• Identity proof of applicant-PAN is mandatory for Indian residents and passport is mandatory for foreign nationals.
• Address proof of applicant-Passport/Voter ID Card/Driving License/Aadhar Card not older than two months.
• Passport size photograph of the applicant.

INFORMATION REQUIRED

• Whether Citizen of India?
• Whether resident of India?
• Occupation, Educational Qualification of applicant.
• Permanent and present residential address.
• Father’s name, DOB, Gender of applicant
  
  

Note: For filing DIR-3, digital signature of applicant is mandatory.

 

STEP 2: FILING FORM INC-1 FOR APPLICATION OF RESERVATION OF NAME OF THE COMPANY

INFORMATION REQUIRED

• DIN and contact details of applicant (address, phone/ email id) alongwith occupation.
• Type of company to be incorporated like public/private and whether limited by shares or guarantee.
• Whether govt. Company or not?
• State in which registered office is proposed.
• Number of promoters.
• Brief objects of the company.
• Proposed directors of the company.
• Proposed Name of the company alongwith its significant and other details.

DOCUMENTS REQUIRED

• If the name requires a prior approval from a particular authority, then such approval is to be attached.
• Central Govt. approval if required.
• NOC from another company/other person having similar name.

 

STEP 3: FILING FORM INC-7 & DIR-12 FOR INCORPORATION OF COMPANY AND APPOINTMENT OF DIRECTORS

 

CHECKLIST FOR INC-7

• MOA & AOA -format in table A to table-J in SCHEDULE-I of companies Act’2013 as per the type of company. Subscribers sheet of MOA & AOA should be filled in own handwriting of the subscribers. Subscribers sheet should have photograph of the subscribers.
• Duly notarised Affidavit by first subscribers and first directors in Form INC-9.
• Duly notarised photograph , details and signature of the subscribers in Form INC-10
• Declaration by C.A incorporating the company that all requirements of Companies Act’2013 have been fulfilled in form INC-8 (NEED NOT BE ON A STAMP PAPER).
• Affidavit by first directors that the company will not accept any deposits after incorporation in case of private company. (required by most ROCs as per MCA circular under old Act)
• Self-attested Proof of Identity and Proof of address of the subscribers is needed.
• Proof of identity includes Passport/Voter ID Card/Aadhar/Driving License only.
• Proof of address includes Bank statement/Electricity bill/Telephone Bill/Mobile Bill only.
• Self-attested copy of PAN of subscribers.
• NOC in case there is change in promoters as given in form INC-1 and those given in INC-7.

Other details/information required

• Proposed Capital structure of the company-Authorised, subscribed and paid up capital.
• Main objects of the company.
• Details of the subscribers needed such as:

1. Place of birth (District & state)

2. Occupation type and area of occupation

3. Educational Qualification

4. Duration of stay at present address

5. No of shares subscribed

6. If already a director or promoter in other companies, then CIN of companies.

 

CHECKLIST FOR DIR-12

• Consent to act as a director in DIR-2. (For all proposed directors)
• Affidavit by first director in form-inc-9 stating that he has not committed any fraud, misfeasance, he has stated all things correctly during formation etc. (For all proposed directors)
• Appointment letter is not needed in case of new company as a company not incorporated cannot give letter of appointment.

 

FILING FORM INC-22

Note: This can form can be filed alongwith forms INC-7 & DIR-12 or within 30 days of incorporation of the company.

INFORMATION REQUIRED

• Complete address of proposed regd. office needed.
• Complete address of police station under the jurisdiction of which proposed regd. office is situated.

CHECKLIST OF DOCUMENTS REQUIRED

• Utility bills in the name of owners with the proposed regd. address of the company. (Utility bills should not be older than two months. Utility bills include gas/electricity/telephone/ mobile bills)
• Documents evidencing ownership of regd. address of the owner like conveyance deed, rent agreement, lease deed, rent receipt not older than 1 month is needed in case the company has taken the premises on rent.
• NOC from the owners that they have no objection for use as regd. office if premises is used without rent i.e in case premises used is owned by director or any other person not taken on lease by company.

Note: These documents are required as per the normal procedure of company incorporation. Similar documents are required under the fast track company incorporation in form INC-29.

DRAFT FORMAT

 

AFFIDAVIT CUM DECLARATION

We, _______________________, S/o _______________________, aged ___ years, adult, Indian inhabitant, resident of ________________________, City ________, Pin Code : _________, State : ________ AND _______________________, S/o _______________________, aged ___ years, adult, Indian inhabitant, resident of ________________________, City ________, Pin Code : _________, State : ________ directors of the proposed company "________________________", do hereby state and declare on solemn affirmation as under:

1. We say that we are the First Directors and/or Subscribers to the Memorandum of Association of the Proposed Company "________________________".

2. We say that the aforesaid Proposed Company / Directors shall not accept deposits from the public unless the Proposed Company complies with the applicable provisions of the Companies Act, 2013, RBI Act, 1934 & SEBI Act, 1992 & Rules / Direction / Regulation made there under.

We say that whatever stated in this affidavit is true and correct and without any pressure and the same is binding to us.

Solemnly affirmed at Jaipur on this ____ day of ________, ____________ .

For  Company Name

(_______________________) (_______________________)

Identified, Explained and Interpreted by me, before me

(Notary Public)

Make This Form For All Directors Separately

Form No. INC-9

Affidavit

[Pursuant to section 7(1)(c) of the Companies Act, 2013 and rule 15 of the Companies (Incorporation) Rules, 2014]

Name of the proposed company: _____________________

I __________________________ , being the subscriber to the memorandum / named as first director in the articles, of the above named proposed company, hereby solemnly declare and affirm that: 

 

I have not been convicted of any offence in connection with the promotion, formation or management of any company during the preceding five years; and 

 

I have not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years; and 

 

All the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of my knowledge and belief. 

 

Date:                               

Place: 

 _______________________________

                                                                                                                         Signature

Form No. INC - 10

Form for verification of signature of subscribers

(Pursuant to rule 16 (1) (q) of companies (incorporation) Rules, 2014

Insert Size 4’*4’ (passport size)

1	Names  Father’s Name  Address of subscribers/first Directors: Occupation	Busines
2	Specimen signatures
		Attestation

Form DIR-2

Consent to act as a director of a company

[Pursuant to section 152(5) and rule 8 of Companies (Appointment and Qualification of Directors) Rules, 2014]

To

Company Name

Address : ____________________
___________________________

City - _____________

Pin Code : _________

Subject: Consent to act as a Director

 

I ______________________ , hereby give my consent to act as director of  Company Name, pursuant to sub-section (5) of section 152 of the Companies Act, 2013 and certify that I am not disqualified to become a director under the Companies Act, 2013.

1. Director Identification Number (DIN): _____________________

2. Name (in full): _____________________ (In Capital Words)

3. Father’s Name (in full): _____________________ (In Capital Words)

4. Address: ___________________________, City ___________ Pin Code ______________

5. E-mail id: _____________________

6. Mobile no. : _____________________

7. Income-tax PAN. : _____________________

8. Occupation: _____________________

9. Date of birth: _____________________

10. Nationality: Indian 

11. No. of companies in which I am already a Director and out of such companies the names of the companies in which I am a Managing Director, Chief Executive Officer, Whole time Director, Secretary, Chief Financial Officer, Manager.  ________ (Mentioned the Number of Company) 

12. Particulars of membership No. and Certificate of practice No. if the applicant is a member of any professional Institute. ______________________________  Specifically state NIL if none.

DECLARATION

I declare that I have not been convicted of any offence in connection with the promotion, formation or management of any company or LLP and have not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law in the last five years. I further declare that if appointed my total directorship in all the companies shall not exceed the prescribed number of companies in which a person can be appointed as a Director.

Signature:…………………….

Designation: Director

Date: ____________________

Place:____________________

Attachments:

1. Proof of identity

2. Proof of residence

Form No. INC-8

Declaration

[Pursuant to section 7(1)(b) and rule 14 of the Companies (Incorporation ) Rules, 2014]

Name of the Company: _________________________

I ____________________, Practicing Company Secretary, 

 

 an advocate who is engaged in the formation of the company

 a Chartered Accountant in India who is engaged in the formation of the company

 a Cost Accountant in India who is engaged in the formation of the company

 a Company Secretary in practice in India who is engaged in the formation of the company 

(Strike out which is not applicable)

 

Declare that all the requirements of Companies Act, 2013 and the rules made there under relating to registration of the company under the Act and matters precedent or incidental thereto have been complied with.

Date:  ______________

Place: ____________

____________________________

Member Name : _______________

                                                                                                Membership No.: ______________

                                                                                                CP Number. _____________

Name of Director

Address

To,

The Registrar of Companies,

Jaipur

Subject: No Objection Letter for using the premises 

                                               situated  at Address : __________

 

Dear Sir/Madam,

I/We, ___________________, hereby give my No Objection, for usage of the aforesaid premises by "_________________________________________" as the Registered Office of the Company.

A copy of Electricity Bill and Ownership Proof/Rent Agreement is attached herewith for your records.

Thanking You,

Yours Faithfully,

_______________

 Signature

Encl: As Above

 For MOA and AOA kindly sent mail on meetesh.shiroya@gmail.com.

Thanks & Regards,

Meetesh Shiroya