Incorporation of Private Limited Company
GENERAL INFORMATION
Applicable law is THE COMPANIES ACT, 2013, and rules made there under, amended from time to time.
Statutory provisions regarding the Ownership/Directors of a Private Limited Company
- Minimum number of members/shareholder required is 2 (Two)
- Maximum number of members/shareholders allowed is 200 (Two Hundred)
- Minimum numbers of Directors is 2 (Two)
- Minimum Paid up capital is no bar.
Applicable Taxation Provisions
A Company registered under the Companies Act, 2013 shall be subjected to the provisions of the Income Tax Act, 1949 and the rule made there under.
DETAILED PROCEDURE FOR INCORPORATION OF A COMPANY
1.1 Obtaining Digital Signature Certificate (DSC) and Directors Identification number
(DIN)
DSC is the Private Key needed for signing and authenticating the e forms. It is equivalent to the signatures made in person. DSC of class II is required to be obtained by at least one of the persons who shall become the Director of the proposed Company.
Under the Companies Act, 2013 every person intending to become the director of a company is required to avail a unique identification number called as DIN. The application form for availing the DIN is filed with Incorporation of the Company.
1.2 Drafting and signing of Memorandum of Association (MOA) and Articles of Association of the company (AOA)
An important step in the formation of the Company is drafting of the MOA. It is the charter of the Company. MOA contains the name, situation of registered office, main and ancillary objects to be pursued by the Company and the undertaking in number of shares that shall be subscribed by the promoter.
AOA contain rules, regulation and by-laws for the general management of the Company. The promoters of the Company will be required to subscribe the Equity shares of the Company under their signatures.
1.3 Application for Registration
For the purpose of such Incorporation/ Registration, following E-Forms digitally signed by a director of the proposed Company and certificated by a Practicing Company Secretary are required to be electronically filed with the ROC. The details of each E-form required to be filed with the ROC Companies is stated herein under:
E-Form SPICE, SPICE-MOA & SPICE-AOA is required for notifying the situation of registered office of the Proposed Company and for furnishing the Particulars of appointment of Managing Director, Directors, manager and secretary of the proposed Company. It also contains application for PAN and Tan of the Company.
1.4 Registration of Company
The ROC upon being satisfied about their completeness, register the Company under the provisions of the Companies Act, 2013 by issuing a Certificate of Incorporation (COI), which brings the Company into existence as a legal entity.
Time involved in Incorporation of Company
The whole process is expected to take 1 week time.
Total Cost Involved:
In respect of Incorporating a Private Limited Company with the Authorised Share Capital upto Rupee Ten Lakhs and having its Registered office in New Delhi.
The Total cost inclusive of Government Fees is Rs. 10,000/- (Rupees Ten Thousand only). In the above Fees it covers COI, MOA, AOA, PAN, TAN and GST Registration.
DOCUMENTS REQUIRED: Pls provide signed copies of following
documents:
| S. No | Particulars | In details |
| 1 | ID Proof of both the applicants/Promoters | Self attested copies of Driving License/Passport/Voter ID/Aadhar Card |
| 2. | Address Proof of Promoters | Self attested copies of Electricity Bill/ Mobile Bill/ Bank Statement/ Telephone Bill (not older than 2 months) |
| 3. | Photographs | Passport size coloured photograph |
| 4. | Pan Card of both promoters | Copies of Pan Card duly signed |
| 5. | Address Proof of registered office of the proposed Company | Sale Deed/ Rent Deed
+ NOC from Landlord if rented
If office is in the name of any promoter then NOC from him. |

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