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Getting Your Company
Incorporated: The 101
of Company
Incorporation
A roundup of the basic things every
business owner should know if he is
considering incorporation or is
completely ignorant about it.
1Accuprosys.com
Company Incorporation –
The Whats and the Whys
Accuprosys.com 3
O Why should I get my company
incorporated?
O What kinds of incorporations
exist in India?
O What are the different kinds of
companies?…
Accuprosys.com 4
Wait!
Accuprosys.com 5
What you need to know first is what
exactly is business incorporation?
O Incorporation of a company is the process
of creating a new structure for the business
wherein it becomes a legal entity recognized
by law.
O What this means is that it can be treated as a
separate entity from the shareholders and
founders, because of which the liability of its
shareholders is reduced.
O Incorporation is beneficial for the long term
growth and expansion for a business.
Accuprosys.com 6
Benefiting from
Incorporation
Accuprosys.com 8
O The incorporation of a company
removes personal liabilities from the
directors, founders and shareholders.
O Therefore, their personal assets are not at
risk and only the company assets are
used to clear debts at times of crises.
O Incorporated companies are taken more
seriously by customers, suppliers and
prospective workers.
Accuprosys.com 9
The ownership of the business becomes
transferable and the tax liability is also
reduced.
Accuprosys.com 10
O The company will
continue to remain
even when the
directors and
members change.
O It is also
advantageous for
those seeking
financial assistance
from banks and other
such financial
institutions.
While sole traders
have to pay income
tax, incorporated
companies have to
pay corporation tax
and enjoy a range of
tax deductible costs
and allowances.
As companies can make valid contracts with
its directors and shareholders, an individual
owning a company can also be an
employee director shareholder
lessor supplier creditor
Accuprosys.com 11
At the same time!
The benefits of incorporation
are different for private and
public limited companies.
Different company categories (public limited, private
limited, part IX, section 25 company and producer
company) have different procedures for incorporation.
Accuprosys.com 12
Minimum Requirements for
Incorporation
Accuprosys.com 13
In the case of private
limited company,
For public limited
companies,
Accuprosys.com 14
O There should be a
minimum of two
directors and a
minimum paid up
capital of Rs. 1 lakh.
O Private limited
companies raise
capital through private
deposits and
placement of shares.
O There should at least
be seven
subscribers, three
directors and a
minimum paid up
capital of Rs. 5 lakhs.
O Public limited
companies raise
capital from the public
through public
deposits and issuing
of shares.
Steps for Incorporating a
Company
Guidelines of the Ministry of Corporate
Affairs, Government of India
Accuprosys.com 15
Step 1
O Before subscribing for incorporation, a minimum of one and
a maximum of six names should be listed in order of
preference for the company.
O The names should be indicative of the company’s
objectives.
O The names should not resemble that of another registered
company and should also not violate the provisions of
names and emblems as described in the Prevention of
Improper Use Act, 1950.
O The name availability can be checked on the portal at the
link
http://www.mca.gov.in/DCAPortalWeb/dca/MyMCALogin.do
?method=setDefaultProperty&mode=16.
Accuprosys.com 16
Step 2
O To ascertain the name availability, applicants
should apply to the concerned Registrar of
Companies (RoC) by filling the electronic form
eForm1.
O This is done by logging into the portal. A
digital signature and fee of Rs. 500/- has to be
paid along with the form.
O If a name is not approved, the applicant has to
apply for another name using the same
application.
Accuprosys.com 17
Step 3
O The applicant has to apply for the registration of the
company after the name has been approved.
O This is to be done by filling forms ‘Declaration of
compliance’ (Form-1), ‘Notice of situation of registered
office of the company’ (Form-18) and ‘Particulars of the
Director's, Manager or Secretary’ (Form-32) within 60 days
on the portal.
O Mandatory documents have to be uploaded along with
these forms.
O Digital signature and registration fee is required to be paid
along with the applications.
Accuprosys.com 18
Step 4
O After the forms have been submitted, the
applicant has to arrange for drafting of
articles of association by the solicitors and
the memorandum, and get them vetted by
the RoC.
O These have to be printed and stamped
with appropriate stamp duty.
Accuprosys.com 19
Step 5
O At least two subscribers need to sign the
memorandum and articles in their own
hand, providing their fathers’
name, occupation, address and the
number of shares subscribed for, and
witnessed by at least one person.
O The memorandum and article should be
dated after the stamping date.
Accuprosys.com 20
Step 7
O A hard copy of the memorandum and
articles is to be sent to the RoC.
Accuprosys.com 21
Step 6
O After the application has been processed,
applicants have to collect their Certificate
of Incorporation from RoC and their
Corporate Identity is generated.
Step 7
O After the application has been processed,
applicants have to collect their Certificate
of Incorporation from RoC and their
Corporate Identity is generated.
Accuprosys.com 22
Public limited companies have
to follow additional steps.
Accuprosys.com 23
They need to obtain
the Commencement
of Business
Certificate after
incorporation of the
company.
O For this, they have
to file a declaration
in eForm 20 with
the statement in lieu
of the prospectus
(schedule III) or file
a declaration in
eForm 19 with the
prospectus
(schedule II).
Part IX companies need to
fill eForm 1 and then eForm
18, eForm 32, eForm 37 and
eForm 39 separately or
simultaneously.
Accuprosys.com 24
Incorporation of a company Hyderabad – accuprosys

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Incorporation of a company Hyderabad – accuprosys

  • 1. Getting Your Company Incorporated: The 101 of Company Incorporation A roundup of the basic things every business owner should know if he is considering incorporation or is completely ignorant about it. 1Accuprosys.com
  • 2.
  • 3. Company Incorporation – The Whats and the Whys Accuprosys.com 3
  • 4. O Why should I get my company incorporated? O What kinds of incorporations exist in India? O What are the different kinds of companies?… Accuprosys.com 4
  • 6. What you need to know first is what exactly is business incorporation? O Incorporation of a company is the process of creating a new structure for the business wherein it becomes a legal entity recognized by law. O What this means is that it can be treated as a separate entity from the shareholders and founders, because of which the liability of its shareholders is reduced. O Incorporation is beneficial for the long term growth and expansion for a business. Accuprosys.com 6
  • 7.
  • 9. O The incorporation of a company removes personal liabilities from the directors, founders and shareholders. O Therefore, their personal assets are not at risk and only the company assets are used to clear debts at times of crises. O Incorporated companies are taken more seriously by customers, suppliers and prospective workers. Accuprosys.com 9
  • 10. The ownership of the business becomes transferable and the tax liability is also reduced. Accuprosys.com 10 O The company will continue to remain even when the directors and members change. O It is also advantageous for those seeking financial assistance from banks and other such financial institutions. While sole traders have to pay income tax, incorporated companies have to pay corporation tax and enjoy a range of tax deductible costs and allowances.
  • 11. As companies can make valid contracts with its directors and shareholders, an individual owning a company can also be an employee director shareholder lessor supplier creditor Accuprosys.com 11 At the same time!
  • 12. The benefits of incorporation are different for private and public limited companies. Different company categories (public limited, private limited, part IX, section 25 company and producer company) have different procedures for incorporation. Accuprosys.com 12
  • 14. In the case of private limited company, For public limited companies, Accuprosys.com 14 O There should be a minimum of two directors and a minimum paid up capital of Rs. 1 lakh. O Private limited companies raise capital through private deposits and placement of shares. O There should at least be seven subscribers, three directors and a minimum paid up capital of Rs. 5 lakhs. O Public limited companies raise capital from the public through public deposits and issuing of shares.
  • 15. Steps for Incorporating a Company Guidelines of the Ministry of Corporate Affairs, Government of India Accuprosys.com 15
  • 16. Step 1 O Before subscribing for incorporation, a minimum of one and a maximum of six names should be listed in order of preference for the company. O The names should be indicative of the company’s objectives. O The names should not resemble that of another registered company and should also not violate the provisions of names and emblems as described in the Prevention of Improper Use Act, 1950. O The name availability can be checked on the portal at the link http://www.mca.gov.in/DCAPortalWeb/dca/MyMCALogin.do ?method=setDefaultProperty&mode=16. Accuprosys.com 16
  • 17. Step 2 O To ascertain the name availability, applicants should apply to the concerned Registrar of Companies (RoC) by filling the electronic form eForm1. O This is done by logging into the portal. A digital signature and fee of Rs. 500/- has to be paid along with the form. O If a name is not approved, the applicant has to apply for another name using the same application. Accuprosys.com 17
  • 18. Step 3 O The applicant has to apply for the registration of the company after the name has been approved. O This is to be done by filling forms ‘Declaration of compliance’ (Form-1), ‘Notice of situation of registered office of the company’ (Form-18) and ‘Particulars of the Director's, Manager or Secretary’ (Form-32) within 60 days on the portal. O Mandatory documents have to be uploaded along with these forms. O Digital signature and registration fee is required to be paid along with the applications. Accuprosys.com 18
  • 19. Step 4 O After the forms have been submitted, the applicant has to arrange for drafting of articles of association by the solicitors and the memorandum, and get them vetted by the RoC. O These have to be printed and stamped with appropriate stamp duty. Accuprosys.com 19
  • 20. Step 5 O At least two subscribers need to sign the memorandum and articles in their own hand, providing their fathers’ name, occupation, address and the number of shares subscribed for, and witnessed by at least one person. O The memorandum and article should be dated after the stamping date. Accuprosys.com 20
  • 21. Step 7 O A hard copy of the memorandum and articles is to be sent to the RoC. Accuprosys.com 21 Step 6 O After the application has been processed, applicants have to collect their Certificate of Incorporation from RoC and their Corporate Identity is generated.
  • 22. Step 7 O After the application has been processed, applicants have to collect their Certificate of Incorporation from RoC and their Corporate Identity is generated. Accuprosys.com 22
  • 23. Public limited companies have to follow additional steps. Accuprosys.com 23 They need to obtain the Commencement of Business Certificate after incorporation of the company. O For this, they have to file a declaration in eForm 20 with the statement in lieu of the prospectus (schedule III) or file a declaration in eForm 19 with the prospectus (schedule II).
  • 24. Part IX companies need to fill eForm 1 and then eForm 18, eForm 32, eForm 37 and eForm 39 separately or simultaneously. Accuprosys.com 24