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How to form a company
1. HOW TO FORM A COMPANY
DOCUMENTS REQUIRED TO FORM A COMPANY
2. Forms of business
Sole Proprietorship
A business run only by you, which mostly do not require registrations
Partnership
A business run by more than one person, with responsibilities and revenues
shared between them
Limited Liability Partnership
A partnership business run by multiple people, with individual and limited
responsibilities but not liable for others’ decisions
3. Private Limited Company
A business held privately by you and/or your partners and cannot have:
More than 50 shareholders
Public trading of shares.
Public Limited Company
A business registered under the Companies Act (1980) having:
Necessary capital requirements
Public trading of shares
Forms of business
4. How to go about starting a small business
1. Digital Signature Certificate
DSC can be obtain from any of the MCA-authorized agencies,
which will take 2-5 days.
The Information Technology Act, 2000 has provisions for use of Digital
Signatures on the documents submitted in electronic form in order to
ensure the security and authenticity of the documents filed electronically.
This is secure and authentic way to submit a document electronically.
5. 2. Company Incorporation
Once you have received the DSC, it is time to prepare the incorporation
of the small business.
Steps to be taken to obtain Certificate of Incorporation
1. Obtain Director Identification Number (DIN).
2. File the desired company name with the Registrar of Companies.
3. Submit the main objective of company to the ROC.
4. Finalize the following documents:
1. Memorandum of Association
2. Article of Association
3. Register your office address, submit letters of declaration and appointments
of Board OF Directors.
6. 3. Payment of Fees
After preparation of your business incorporation, you will have to pay
necessary fees and stamp duties before filing for the Certificate of
Incorporation.
The fee structure on the basis of the capital
Capital Fees
1,00,000 5 % of 1 Lac
1,00,000 - 5,00,000 4 % of 1 Lac
1,00,000 - 50,00,000 3 % of 1 Lac
1,00,000 - 1,00,00,000 1% of 1 Lac
1,00,000 – 10,00,00,000 0.75 % of 1 Lac
7. 4. Certificate of Incorporation
You have to submit digital and physical copies of the following
documents to the ROC to get your Certificate of Incorporation:
1. Form INC-7
2. Form INC-22
3. Form DIR-12
4. Signed and stamped forms of Memorandum and Article of Association
5. Initial consent of directors
6. Original approval of name letter
7. Stamped power of attorney documents.
8. 5. Income Tax Registration
Once you have incorporated your small business, you will need to
register with the relevant tax authorities that would help you with starting a
small business.
For that you have to fill application with the Income Tax Department
1. Obtain the Permanent Account Number (PAN).
2. Obtain the Tax Account Number (TAN).
3. Register for Value-Added Tax (VAT), Professional Tax and Service Tax
9. 6. Labor Law procedures
These rules define the basic employee policies which need to be
in place at any business.
Registration with the Office of Inspector, Shops and Establishment
Act.
Registration with the Employees’ Provident Fund Organization if
you have more than 20 employees.
Registration with the Employees’ State Insurance Corporation, a
social scheme to provide protection to workers.
10. Requirements needed to start a company
1st Step:-
Apply for DIN of each director. DIN means Director Identification Number.
Documents required from each director:-
(a) Digital Signature (Each Director)
(b) PAN (Each Director)
(c) 1 Photograph
(d) Address Proof (Each Director)
(e) Affidavit as per DIR 4
12. After arranging all these documents Fill in Form DIR-3 and make all attachments.
Valid documents for address proof:-
(a) Passport
(b) Election (Voter Identity) Card
(c) Ration Card
(d) Driving License
(e) Electricity Bill
(f) Telephone Bill
(g) Aadhar Card Documents should not be older than 2 months.
Apply for DIN in form DIR-3 and DIN will be allotted at the same time.
21. 3rd Step:-
After getting name approval from MCA you need to apply for certificate of
incorporation. There are 3 forms which are required to be uploaded:-
(a) INC-7
(b) INC-22
(c) DIR-12
These Forms will require a lot of attachments which are listed below
(a) INC-8, INC-9, INC-10 and DIR-2
(b) Memorandum of Association and Article of Association as per new
Companies Act, 2013
22. (c) SEBI clause acceptance of deposit
(d) Electricity bill of Registered Address of the company
(e) Rent Agreement/NOC along with rent receipts
(f) Please be noted that we need to attach photographs in MOA and AOA
as well as per the requirements of the companies act 2013 and changes
made by MCA till now
(g) Valid documents for address proof.
- Voter ID
- Passport
- Bank Statement
- Telephone Bill etc.
37. 4th Step :-
Apply for Certificate to Commence business.
It will be required for both Public Limited Company as well as Private Limited
Companies as per section 11 of Companies Act 2013.
INC-21 will be required to be filed within 180 days of receiving Certificate of
Incorporation.
