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I NCORPORATION O F A C OMPANY I N I NDIA

I NCORPORATION O F A C OMPANY I N I NDIA. A S NAP S HOT. K INDS O F C OMPANIES :. C OMPANIES. P UBLIC C OMPANIES. P RIVATE C OMPANIES. M INIMUM R EQUIREMENTS - P RIVATE C OMPANY :. P RIVATE C OMPANY. S HARE- H OLDERS : 2. A UTHORISED C APITAL : INR 1 L AKHS. D IRECTORS : 2.

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I NCORPORATION O F A C OMPANY I N I NDIA

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  1. INCORPORATION OF A COMPANY IN INDIA A SNAP SHOT KAVITA MALHOTRA BBPM LAW ASSOCIATES, A-13, FIRST FLOOR, NIZAMUDDIN EAST, NEW DELHI-13, TEL:011-41825911/22 www. bbpmlaw.com

  2. KINDS OF COMPANIES: COMPANIES PUBLIC COMPANIES PRIVATE COMPANIES BBPM LAW ASSOCIATES

  3. MINIMUM REQUIREMENTS- PRIVATE COMPANY: PRIVATE COMPANY SHARE-HOLDERS: 2 AUTHORISED CAPITAL: INR 1 LAKHS DIRECTORS: 2 BBPM LAW ASSOCIATES

  4. MINIMUM REQUIREMENTS- PUBLIC COMPANY: PUBLIC COMPANY SHARE-HOLDERS: 7 AUTHORISED CAPITAL: INR 5 LAKHS DIRECTORS: 3 BBPM LAW ASSOCIATES

  5. STEPS TOWARDS INCORPORATION: STEP 1: APPLY TO THE REGISTRAR OF COMPANIES (ROC) IN FORM-1A ALONGWITH THE FEES OF RS. 500 TO ASCERTAIN THE AVAILABILITY OF THE PRPOSED NAME OF A COMPANY; STEP2: ON APPROVAL OF THE NAME THE ROC WILL ISSUE A NAME ALLOTMENT LETTER; STEP 3: ON OBTAINING THE LETTER, DRAFT THE CONSTITUTIONAL DOCUMENTS OF THE PROPOSED COMPANY[i.e. MOA & AOA]; STEP 4: GET THE MOA & AOA VETTED BY THE ROC AND ON VETTING GET THEM PRINTED; STEP 5: EXECUTE MOA & AOA BY STAMPING THEM WITH THE APPROPRIATE STAMP DUTY; STEP 6: PROVIDE FOR SIGNING OF MOA & AOA BY THE PROMOTERS/SUBSCRIBERS IN THEIR OWN HANDWRITING & FILLING UP THE REQUISITE DETAILS IN THE PRESENCE OF A WITNESS; BBPM LAW ASSOCIATES

  6. STEPSTOWARDS INCORPORATION: STEP 7: PERSON IN WHOSE PRESENCE THE MOA & AOA ARE SIGNED BY THE PROMOTERS MUST ALSO RECORD HIS SIGNATURE AND FURNISH DETAILS OF HIS OCCUPATION AND ADDRESS; STEP 8: FILE WITH THE ROC THE DULY SIGNED, PRINTED AND EXECUTED MOA AND AOA ALONGWITH THE FOLLOWING FORMS: - FORM 1 APPLICATION AND DECLARATION FOR INCORPORATION OF A COMPANY FORM 18 NOTICE OF SITUATION OR CHANGE OF SITUATION OF REGISTERED OFFICE FORM 32 PARTICULARS FOR APPOINTMENT OF DIRECTORS AND MANAGERS ETC.; STEP 9: PAY THE STATUTORY FEES ALONGSIDE THE FILING OF ABOVEMENTIONED DOCUMENTS; STEP 10: PROCURE CERTIFICATE OF INCORPORATION AND COMPANY SEAL FROM ROC; BBPM LAW ASSOCIATES

  7. ADDITIONAL STEPS - PUBLIC COMPANIES: STEP 11: TAKE THE CONSENT OF THE PERSON WHO HAS BEEN PROPOSED AS A DIRECTOR OF THE COMPANY- FILL UP FORM 29.; STEP 12: ARRANGE FOR PAYMENT OF APPLICATION AND ALLOTMENT MONEY BY DIRECTORS ON SHARES TAKEN AND AGREED TO BE TAKEN; STEP 13: FILE THE STATEMENT IN LIEU OF PROSPECTUS WITH ROC IN SCHEDULE – III OF THE COMPANIES ACT [IF THE COMPANY DECIDES NOT TO ISSUE PROSPECTUS]; STEP 14: FILE A DECLARATION IN FORM 20 BY ONE OF THE DIRECTORS DECLARING THE COMPLIANCE OF SECTION 149(2)(b) OF THE COMPANIES ACT, 1956; STEP 15: PROCURE THE CERTIFICATE OF COMMENCEMENT OF BUSINESS. BBPM LAW ASSOCIATES

  8. PROCEDURE FOR - APPROVAL OF NAME OF THE COMPANY : • THE PROPOSED NAME OF A COMPANY TO BE INCORPORATED REQUIRES APPROVALFROM THE CONCERNED ROC. • THE APPLICATION FOR THE APPROVAL OF NAME GOES THROUGH A CLOSE SCRUTINY FOR THE FACT THAT NO TWO COMPANY SHALL HAVE IDENTICAL OR SIMILAR NAMES. • THE NAME OF A COMPANY MUST BE UNIQUE AND IN CONSONANCE WITH ITS OBJECTS. • FOLLOWING PROCEDURE IS TO BE FOLLOWED FOR GETTING THE NAME AVAILABILITY, PROMOTERS/SUBSCRIBERS TO FILE FORM-1A GIVING THE FOLLOWING RELEVANTPARTICULAR 1. NAME OF PROMOTERS; 2. REGISTERED PLACE OF A COMPANY; 3. STATE WHETHER THE COMPANY IS A PUBLIC/PRIVATE COMPANY; 4. PROPOSED NAME OF THE COMPANY; BBPM LAW ASSOCIATES

  9. PROCEDURE FOR - APPROVAL OF NAME OF THE COMPANY : 5. ALTERNATIVES NAMES FOR THE PROPOSED COMPANY. IN TOTAL PROVIDE FOR SIX NAMES IN ORDER OF PREFERENCE; 6. STATE THE SIGNIFICANCE OF THE KEY WORD IN THE PROPOSED NAME; 7. BRIEF OBJECTS OF COMPANY; 8. PROPOSED DIRECTORS AND THEIR ADDRESSES; 9. AUTHORISED SHARE CAPITAL • FEES OF RS. 500 IS REQUIRED TO BE PAID ALONG WITH THE FORM; • THE PROCESS MIGHT TAKE 3-4 WORKING DAYS DEPENDING UPON THE EASY AVAILABILTY OF NAMES. IF THE PROPOSED AND THE ALTERNATIVE NAMES GET REJECTED THEN MORE ALTERNATIVE NAMES ARE TO BE PROVIDED FOR; • ONCE THE NAME IS APPROVED, THE ROC WILL INTIMATE THE SAME BY SENDING A LETTER AND WILL BLOCK THE NAME. BBPM LAW ASSOCIATES

  10. DOCUMENTES REQUIRED: • THE MEMORANDUM OF ASSOCIATION & ARTICLES OF ASSOCIATION OF THE COMPANY; • DULY FILLED UP FOR FORM 1A i.e. APPLICATION FOR NAME OF THE COMPANY; • DULY FILLED UP FORM 1 i.e. APPLICATION AND DECLARATION FOR INCORPORATION OF A COMPANY • DULY FILLED UP FORM 18 i.e. NOTICE OF SITUATION OR CHANGE OF SITUATION OF REGISTERED OFFICE • DULY FILLED UP FORM 32 i.e. PARTICULARS FOR APPOINTMENT OF DIRECTORS AND MANAGERS ETC.; BBPM LAW ASSOCIATES

  11. DOCUMENTES REQUIRED: • OBTAIN DIN [DIRECTORS INDENTIFICATION NUMBER] FOR ALL THE PROPOSED DIRECTORS & ATLEAST ONE DIGITAL SIGNATURE CERTIFICATE FOR AT LEAST ONE DIRECTORS; • DULLY FILLED UP FORM NO. 29 i.e. CONSENT BY A PROPOSED DIRECTOR [ IN CASE OF A PUBLIC LIMITED COMPANY] • IN ADDITION TO THE DOCUMENTS MENTIONED HEREINABOVE THE FOLLOWING DOCUMENTS ARE REQUIRED WHILE INCORPORATION/REGISTRATION: - A. 3 PHOTOGRAPHS OF EACH DIRECTOR; B. ONE IDENTIFICATION PROOF [DRIVING LICENCE/PASSPORT]; C. ONE RESIDENTIAL PROOF [PASSPORT/BANK STATEMENT]; BBPM LAW ASSOCIATES

  12. FEES STRUCTURE: THE FEES REQUIRED TO BE PAID TO THE ROC FOR INCORPORATING A COMPANY IS HEREUNDER: BBPM LAW ASSOCIATES

  13. TIME LINES [IN DAYS]: BBPM LAW ASSOCIATES

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