The document outlines the key steps involved in incorporating a company in India according to the Companies Act. It discusses types of companies, digital signatures, director identification numbers, name approval, preparing the memorandum and articles of association, filing incorporation applications, fast track registration using Form INC-29, and amendments to the Companies Act regarding minimum paid-up capital.
1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
STEPS TO
INCORPORATION OF
A COMPANY IN INDIA
Lakshminarayanan Alaguraja
Advocate
Altacit Global
2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Introduction
The Companies Act sets down rules for the
establishment of both public and private
companies. The most commonly used
corporate form is the private limited
company, public limited companies being
relatively uncommon. A company is formed
by registering the Memorandum and Articles
of Association with the State Registrar of
Companies of the state in which the main
office is to be located.
3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
COMPANIES
• One Person Company
• Private Limited
• Public Limited
4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
DIGITAL SIGNATURE
The Digital Signature is a digital ID
of the person who would be
signing the Forms & Returns that
are required to be filed with the
Registrar of Companies
5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
DIRECTOR IDENTIFICATION
NUMBER
As per 153 of the Companies Act, 2013,
every individual intending to be
appointed as director of a company
shall make an application for allotment
of Director Identification Number in
eform to the Central Government in
such form and manner and along with
such fees as may be prescribed.
6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
NAME APPROVAL FOR THE
PROPOSED COMPANY
As per section 4(4) read with Rule-9 of
Companies (Incorporation) Rules,
2014, application for the reservation
/availability of name shall be in Form
no. INC.1 along with prescribed fee of
Rs. 1,000/-. The name will be valid for a
period of 60 Days from the date on
which the application for Reservation
was made.
7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PREPARATION OF THE MEMORANDUM OF
ASSOCIATION (MOA) AND ARTICLES OF
ASSOCIATION (AOA)
Drafting of the MOA and AOA is generally a
step subsequent to the availability of name
made by the Registrar. It should be noted
that the main objects should match with the
objects shown in Name Approval. These two
documents are basically the charter and
internal rules and regulations of the
company. Therefore, it must be drafted with
utmost care and with the advice of the
experts and the other object clause should
be drafted in a very broader sense.
8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
APPLICATION FOR INCORPORATION
As per Rule-12 of Companies (Incorporation)
Rules, 2014, application for incorporation of
a private and Public company, with the
Registrar, within whose jurisdiction the
registered office of the company is proposed
to be situated, shall be filed in Form no. INC
7 along with Form no. INC.22 for situation of
registered office of the Company, and DIR
-12.
9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
FORM INC-29 FAST TRACK COMPANY
REGISTRATION
The Ministry of Corporate Affairs (MCA) has
introduced Form INC-29 – Integrated
Incorporation Form. Form INC-29 Company
Registration has merged the process of
getting Director Identification Number (DIN),
Name Approval and Incorporation
application into one single process – thereby
significantly reducing the time taken to start
a company in India.
10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
COMPANIES (AMENDMENT) ACT, 2015
No Minimum Paid-up Share Capital: The minimum
paid-up share capital requirement of INR 100,000 (in
case of a private company) and INR 500,000 (in case
of a public company) under CA 2013 has been done
away with. Consequently, the definitions of private
and public companies stand amended.
Accordingly, no minimum paid-up capital
requirements will now apply for incorporating
private as well as public companies in India.
11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Conti…
Companies Act 2013 required all companies to file
following additional declarations with the Registrar
of Companies prior to commencement of business
or exercising any borrowing power: (i) declaration
by a director that minimum paid-up share capital
has been paid; and (ii) company has filed verification
of registered office.
The CA Amendment 2015 has removed the above
requirements and deleted Section 11 of CA 2013.
This reduces the filings to be made by companies in
India.
12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Thank You