Application for din-1

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

10 May 2012 I have running partnership business, now i want to convert this business into pvt. ltd. co. - is it possible.
if yes, I have to submit only DIN-1 form or any other documents required ?

Sanket Shah

Sanket Shah (Expert)
Follow

10 May 2012 yes you can convert firm into pvt ltd co.
Form DIN 1 is for getting DIN allotted. for conversion you need to for entire procedure of company formation.

Charu Srivastava

Charu Srivastava (Expert)
Follow

11 May 2012 If you want to convert the partnership firm into company then
1) Make all the partners of the firm the subscribers of the Company and no one else
Provide in the objects clause of MOA of the newly formed Company a specific clause which permits the new company to acquire the business and assets and liabilities of the firm.
Also provide in the articles of the company the power of thr director to enter into agreement for the acquisitions of the business and assets and liabilities of the Firm.
Also make sure partnership deed contains the provision regarding shares of transfer of partners to company as a mode of dissolution.
Once the Company is formed , convene a board meeting for the adoption of agreements entered into by the company and partners for the acquisition of the business and also for the transfer of shares in lieu of allotment of shares by passing board resolution and also fix date time , venue for general Meeting for allotment under section 81(A) of the companies act, 1956.

Upgrade to CAclubindia Pro. Subscribe Now!

Charu Srivastava

Charu Srivastava (Expert)
Follow

11 May 2012 To register a company, you need to first apply for a Director Identification Number (DIN) which can be done by filing eForm for acquiring the DIN. You would then need to acquire your Digital Certificate and register the same on the portal. Thereafter, you need to get the company name approved by the Ministry. Once the company name is approved , you can register the company by filing the incorporation form depending on the type of company

(Use quick links available on left panel in case steps are known)

Step 1 : Application For DIN

The concept of a Director Identification Number (DIN) has been introduced for the first time with the insertion of Sections 266A to 266G of Companies (Amendment) Act, 2006. As such, all the existing and intending Directors have to obtain DIN within the prescribed time-frame as notified.
You need to file eForm DIN-1 in order to obtain DIN. To get more information about the same click Director Identification Number

Step 2 : Acquire/ Register DSC

The Information Technology Act, 2000 provides for use of Digital Signatures on the documents submitted in electronic form in order to ensure the security and authenticity of the documents filed electronically. This is the only secure and authentic way that a document can be submitted electronically. As such, all filings done by the companies under MCA21 e-Governance programme are required to be filed with the use of Digital Signatures by the person authorised to sign the documents.

Acquire DSC -A licensed Certifying Authority (CA) issues the digital signature. Certifying Authority (CA) means a person who has been granted a license to issue a digital signature certificate under Section 24 of the Indian IT-Act 2000.

Register DSC -Role check for Indian companies is to be implemented in the MCA application. Role check can be performed only after the signatories have registered their Digital signature certificates (DSC) with MCA. To know about it click Register a DSC

Step 3 : New User Registration

To file an eForm or to avail any paid service on MCA portal, you are first required to register yourself as a user in the relevant user category, such as registered and business user. To register now click New User Registration

Step 4 : Incorporate a Company

Apply for the name of the company to be registered by filing Form1A for the same. After that depending upon the proposed company type file required incorporation forms listed below.

* Form 1 : Application or declaration for incorporation of a company
* Form 18 : Notice of situation or change of situation of registered office
* Form 32 : Particulars of appointment of managing director, directors, manager and secretary and the changes among them or consent of candidate to act as a managing director or director or manager or secretary of a company and/ or undertaking to take and pay for qualification shares

Once the form has been approved by the concerned official of the Ministry, you will receive an email regarding the same and the status of the form will get changed to Approved.