The Companies Act 2013 has simplified the procedure of incorporating a Company in India. The basic requirements for incorporation are as follows:
- A person who is willing to act as the Director need to apply for Director Identification Number (DIN).
- Requirement of Digital Signature Certificate: – For the application of DIN ; DSC is a mandatory requirement
2. Name Availability:
- The Company may apply for the availability of the name with six proposed names in the order of their preference.
- The proposed subscribers need to decide the contribution they are willing to give in the form of Capital
4. Registered Office:
- The Company incorporated under the Companies Act shall have a registered office on and from the fifteenth day of its incorporation and at all times thereafter for the purpose of receiving and acknowledging all communications and notices as may be addressed to it.
Now the Ministry of Corporate Affairs has come up with a speedy procedure for incorporation of Company by introducing SPICE ‘Simplified Proforma for Incorporating Company Electronically’ by way of e-form INC-32 along with e-form INC-33 (Memorandum of Association) and e-form INC-34 (Articles of Association). Also, in case the subscribers are foreign; business visa shall be required.
J & P’s Professional Services in respect to Incorporation of a Company include:
- To obtain Digital Signatures Certificate (DSC) of all the proposed directors;
- To obtain Directors Identification Number (DIN)
- Drafting of Object clauses.
- Advice on company’s Memorandum & Articles of Association, incorporation, etc
- Filing the documents with Registrar and to obtain registration certificate
- Creation of Statutory Registers and Minute Book
- Issuance of share certificates to the subscribers
- Stamping of Share Certificates
Limited Liability Partnership
Limited Liability Partnership is an alternative business mechanism that gives the benefits of Limited Liability Company and the flexibility of a partnership firm. Limited Liability Partnership (LLP) is incorporated and registered under the Limited Liability Partnership Act 2008.
Procedure for LLP Registration
Digital Signature Certificate (DSC) & DPIN:
Digital Signature Certificate (DSC) and Designated Partners Identification Number (DPIN for all the proposed Designated Partners of the LLP must be obtained.
Name approval has to be obtained by submitting an application to the Registrar of Companies [“RoC”].
Preparation of Incorporation Documents:
After the name approval, incorporation documents shall be prepared. All partners will also sign a subscriber’s statement.
Filing of Incorporation Forms on MCA Portal:
Incorporation documents are required to be filed with the office of the Registrar of the Companies.
Certificate of Incorporation:
If all the documents and forms filed are up to the mark as per the scrutiny of the officers at the ROC office, the LLP is issued a certificate of incorporation
Filing of LLP Agreement:
After the issuance of Certificate of Incorporation, an LLP Agreement, executed between the partners is required to be filed with the office of ROC. This LLP agreement is required to be filed with the Registrar within 30 days of incorporation of the LLP.
J & P’s Professional Services in respect to Incorporation of LLP include:
- To obtain Digital Signatures Certificate (DSC) of all the proposed designated partners;
- To obtain Designated Partner Identification Number (DPIN)
- Drafting of LLP Agreement
- Advice on LLP’s proposed business objects, incorporation etc.
- Filing the documents with Registrar and to obtain incorporation certificate
- Post incorporation formalities.