A. Incorporating a company
Step 1: Reservation of Name
RUN is a designated form to reserve the name of a company. Two names in order of preference can be given. The objects for which the company is proposed to be incorporated should be provided in RUN form. The MCA fee for filing this form is Rs.1000, and it can be resubmitted once. Thereby, altogether, four names can be applied using one form. The name will be reserved for a period of 20 days.
Step 2: Incorporation
Part 1: SPICe Form
SPICe stands for Simplified Proforma for incorporating company electronically. Director Identification Number (DIN) can be applied using SPICe Form. The following documents and information are required to be attached with this form:
- INC 9: Declaration by first directors and first subscribers
- DIR 2: Consent to act as directors
- PAN Card of subscribers and directors
- Passport or driving license or voter ID of all subscribers and directors
- Bank statement or electricity bill or telephone bill or mobile bill of all subscribers and directors
- Address for correspondence or registered office address of the company
- Rental agreement/proof of ownership of registered office
- NOC from owner of property
- Latest utility bill of the property
- Capital structure of the company
- Area code of the proposed registered office address. PAN card and TAN card shall be issued along with the certificate of incorporation
If the company wishes to have a temporary address for correspondence, it has an option for file INC 22 within 30 days of incorporation of the company.
Part 2: SPICe MoA
SPICe MoA form or INC 33 is a form linked to SPICe. The main objects of the company and other objects have to be provided in this form. The DSC of all subscribers is mandatory to fill this form.
Part 3: SPICe AoA
SPICe AoA or INC 34 is linked to SPICe. SPICe AoA is a ready-made form wherein the company can strike off any article that it does not want to include in its AoA.
Part 4: INC 35 AGILE
INC 35 form is linked form to SPICe form. INC-35-AGILE (application for goods and services tax identification number, employees state Insurance corporation registration plus employee’s provident fund organization registration).
Time limit for incorporation:
MCA takes around 2-3 days for incorporation of a company.
B. Incorporating an LLP
Step 1: Reservation of Name
RUN is a designated form to reserve the name of the company. Two names in order of preference can be given. The objects for which the LLP is proposed to be incorporated should be provided in RUN form. The MCA fees for filing this form is 200/-. This form can be resubmitted once. Thereby altogether 4 names can be applied using one form. The name is reserved for 3 Months.
Step 2: Incorporation of LLP
The form for incorporation of LLP is FILLIP which stands for Form for Incorporation of Limited Liability Partnership in India. The following information and documents are required to file for incorporation of an LLP:
- Subscribers page
- Form 9: Consent to act as designated partner
- Proof of address of registered office
- NOC from the owner of the property
- Rental agreement
- PAN card of partners and designated partners
- Passport or driving license or voter ID of partners and designated partners
- Bank Statement or electricity bill or telephone bill or mobile bill of partners and designated partners
Once the FILLIP form is approved, a certificate of incorporation will be issued by the MCA. The fees for filing this form depends on the amount of contribution.
Step 3: LLP Agreement
The objects for which the LLP is proposed to be incorporated shall be mentioned in Form 3. This has to be filed within 30 days.
LLP incorporation takes approximately 7-10 days.
There are two kinds of compliances under the Companies Act, 2013. All companies incorporated have to comply with all the requirements as specified under the Companies Act, 2013. Time-based compliances are also known as annual compliances. They include AOC-4 (balance sheet), MGT-7 (annual return) and ADT-1 (appointment of statutory auditors). All other compliances are event-based compliances which triggers whenever an event occurs which requires reporting to the Ministry of Corporate Affairs through a designated form. We undertake filing of all forms which includes preparation of the form, attachments and certification.
Representation before MCA & NCLT
Professionals are empowered under the Companies Act, 2013 to appear on behalf of the company before the Registrar of Companies, Regional Director and National Company Law Tribunal. Chartered accountants are empowered to appear before above authorities as the authorized representative of clients.