|Office of Registrar of Companies (RoC), Ministry of Corporate Affairs (MCA)
||The Certificate of Incorporation brings a company into existence as a legal entity. A company’s life commences from the date mentioned in the Certificate of Incorporation and date appearing on it is conclusive. A Certificate of Incorporation not only creates a company, it also is conclusive evidence that all requirements of the Companies Act have been complied with.
•For any new company, it is mandatory to get Certificate of Incorporation before it commences its business.
•For an existing company, if there is a change of place of registered office or change of director/ manager, or change of incorporation of the company, it is necessary to get it certified.
•Registration is applicable to all types of companies excluding universities, co-operative societies, unincorporated trading, scientific and other societies.
|•Filing for Incorporation through Form SPICe (INC-32)
- Stakeholders can avail of 5 different services (Name Reservation, Allotment of Director Identification Number (DIN), Incorporation of New Company, Allotment of PAN and Allotment of TAN) in one form by applying for incorporation of a new company through SPICe form (INC-32).
- Simplified Proforma for Incorporating Company electronically (SPICe), with e-MoA (INC-33) and e-AOA (INC-34). In case e-MoA and e-AoA are not applicable, users are required to attach the pdf attachments of MoA and AoA. There is no need for reserving a name separately before filing SPICe. One name for the proposed company can be applied for in SPICe (INC-32).
- MCA21 system will auto-generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe, which the stakeholders will be required to download, affix digital signature and then upload both signed forms on the MCA21 system as linked forms.
- The new version of SPICe incorporation form will be processed only after Forms 49A and 49B are duly signed, uploaded and payment is confirmed by MCA.
•Section 8 Company (Companies with charitable objects) can also be incorporated using SPICe form but after reserving a name using INC-1. Incorporation through INC-7 in exceptional cases (For details, SPICe FAQs on home page may be referred)
- Apply for the name of the company to be registered by first filing Form INC-1.
- After approval of the name, depending upon the proposed company type, file the incorporation forms listed below: Link
•Any foreign company can establish its place of business in India by filling e-Form FC-1. The e-Form needs to be digitally signed by authorized representative of the foreign company. There is no need to apply and obtain DIN for directors of a foreign company. However, it is mandatory to register the DSC of the authorized representative of the foreign company via associate DSC service available at MCA portal.
- Form INC 2 is to be duly filled and submitted to RoC for incorporation of LLP
- Form 3 (Information with regard to LLP agreement and changes, if any made therein) to be filled within 30 days of incorporation of companies. Form 3 is available at Link
- Form 4 (Notice of appointment of a partner/ Designated Partner, his consent etc.) to be filled within 30 days of the date of incorporation
|As per the guidelines share by authority
LLP Form 3 is available at Link