HOW DO I REGISTER
A COMPANY ..........??
Registrars of Companies (ROC) appointed under Section 609 of the Companies Act covering the various States and Union Territories, are vested with the primary duty of registering companies floated in the respective States and Union Territories and of ensuring that such companies comply with statutory requirements under the Act. These offices function as registries of records relating to the companies registered with them, which are available for inspection by members of the public on payment of the prescribed fee.
The Registrars of Companies in different States primarily deal with the Incorporation of companies, change of name of companies, change of financial year, conversion of companies from Private to Public and vice versa, striking off of the names of companies, and default action against companies.
The steps to be followed for registering a private limited or a public limited company are enlisted here.
Steps to be taken to get incorporated a private limited Company:
-
Select, in order of preference, a
few suitable names, not less than four, indicative of the main objects
of the company.
-
Ensure that the name does not resemble
the name of any other company already registered and also does not
violate the provisions of Emblems and Names (Prevention of Improper
Use) Act, 1950.
-
Apply to the concerned ROC to ascertain
the availability of a name in Form-1 A of
the General Rules and Forms along with a fee of Rs.500/- If the
proposed name is not available apply for a fresh name on the same
application.
-
Arrange for the drafting of the Memorandum
and Articles of Association by the solicitors, the vetting of the
same by the ROC and the printing of the same.
-
Arrange for the stamping of the Memorandum
and Articles with the appropriate stamp duty.
-
Get the Memorandum and Articles signed
by at least two subscribers in his own hand, his father's name,
occupation, address and the number of shares subscribed for and
witnessed by atleast one person.
-
Ensure that the Memorandum and Articles
are dated after the date of stamping.
-
Get the following forms duly filled
up and signed:
-
Declaration of compliance
Form-1
-
Notice of the situation of the
registered office of the company Form-18
-
Particulars of the Director,
Manager or Secretary Form-32
-
Present the following documents to
the ROC with the filing fee and the registration fee:
-
The stamped and signed copies
of the Memorandum and Articles of Association (3 copies).
-
Form-1, 18 & 32
in duplicate.
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Any agreement referred to in
the M & A.
-
Any agreement proposed to be
entered into with any individual for appointment as Managing
or whole time Director.
-
Name availability letter issued
by the ROC.
-
Power of Attorney from the subscribers
in favour of any person for making corrections on their behalf
in the documents and papers filed for registration.
-
Pay the Registration and Filing
Fee by Demand Draft/Banker?s Cheque if it exceeds Rs.1000/-
-
Obtain the Certificate of Incorporation
from ROC.
Additional Steps to be taken for formation of a Public Limited Company
-
Consent of Directors to act as such
in Form No.29.
-
Arrange for payment of application
and allotment money by Directors on shares taken or agreed to be
taken.
-
File the Statement in Lieu of Prospectus
with the ROC in schedule-iv of the Companies Act.
-
File a declaration in Form-20 duly
signed by one of the Directors.
-
Obtain the Certificate of Commencement
of Business.
More information can be obtained from the website of the Ministry of Corporate Affairs (External website that opens in a new window)
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