Particulars of Action/ Documents Required
Apply in Form No. 1A to concerned ROC, for availability of name in order of preference. Info required: -
§ Full name & residential address of each of promoters.
§ ames of the proposed Company in order of their preference (without addition to its name of the word "Limited" or the words "Private Limited").
§ Proposed main object of the proposed Company (shall be one as depicted u/s 25 of the Companies Act, 1956).
Mention that the proposed Company is to be formed under provisions of Sec. 25 of the Companies Act, 1956
3 - 4 working days
After the name is approved, prepare Memorandum & Articles of Association; preferably get it vetted by ROC / RD. Keep in mind that the MOA & AOA are drawn in consonance with provisions of the Sec. 25 & other applicable provisions of the Companies Act, 1956.
3 - 4 working days
Make an application with to the Concerned Regional Director for issue of license under Section 25 of the Companies Act, 1956 with all the requisite enclosure as given under:-
§ Three Copies of MOA & AOA of the proposed Company
§ A declaration confirming the application by CA / CS / Advocate on prescribed Stamp Paper.
§ Three copies of list of names, descriptions, addresses & occupation of the promoters as well as the members of Board of Directors of the proposed Company.
§ A statement showing details of assets & liabilities of the Association as on date with the application.
§ An estimate of future annual income & expenditure of the proposed company, specifying the source of income & object of expenditure.
§ A statement giving brief description of work, if any, already done by the association.
§ A statement specifying briefly the grounds on which the application is made.
§ A declaration in prescribed form on non-judicial stamp paper by each person making an application.
§ A letter of authority.
§ Copy of notice pursuant to regulation 11 of the Companies Regulation, 1956.
8 - 10 working days (depending upon the preparation of documents, availability of each of the promoters and publication of notice in newspaper)
Simultaneously furnish the copy of application with all its enclosure and accompanying papers to the concerned Registrar of Companies.
On receipt of the above papers, the RD gets the MOA & AOA and other papers generally scrutinized, the RD will take the decision for grant of license to the application or not.
30 - 45 working days
On receipt of the license from RD, file the necessary papers with ROC for registration along with filing fees & forms. The ROC on making necessary scrutiny and correction will issue the certificate of incorporation.
8 - 10 working days
About Devesh Pandey
- DEVESH PANDEY
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- Agreement and Contract Drafting
- Companies Act 1956
- Company Incorporation
- Competition Law
- Constitution of India
- FINANCE RELATED
- Foreign Direct Investment
- INTELLECTUAL PROPERTY RIGHTS
- LIMITED LIABILITY PARTNERSHIP
- Mergers and Acquisitions
- Provident Fund and Other Labour Laws
- Right to Information Act 2005
- SEBI LAWS
- SEC 25 Company Incorporation
About the Blog and the Author
This blog is authored by Mr. Devesh Pandey. He is a corporate legal adviser based at Delhi He is a corporate law advisor with diversified experience in matters relating to Corporate and Commercial Laws. His core practice areas are General corporate law (Company Law & FEMA) Mergers and Acquisitions, Foreign Direct Investment etc. He has worked with few eminent corporate law firms of India. Mr. Pandey is advising foreign investors, Indian individuals and bodies corporate in setting up their business ventures, obtaining FIPB approvals, legal and regulatory issues and also on various legal and commercial issues during the course of running business. He has significantly worked in the areas of foreign direct investment, foreign exchange control issue, drafting negotiating shareholders foreign collaboration & joint venture agreements, technology transfers, JV negotiations, mergers, acquisition and takeovers, due diligence etc. He has an extensive experience in the sectors like power, oil & gas Infrastructure, Information Technology, financial services, retail, gem & jewellery, micro finance, non-profitorganisations, real estate, E-commerce, education etc. Mr. Pandey has also taught corporate laws to the CA and CS students. Apart from the above, he is also speaker in corporate law relates programms/workshops.
Mobile.: +91 9811237186