Incorporation of Companies, including drafting of MOA & AOA - Canest

• Photo
• PAN Card Copy
• Aadhar Card/Voter ID/ Passport Port/ Driving License Copy
• Last 2 Months Bank statement (If Available)
• Digital Signature of the Proposed Directors

Additionally, a copy of the electricity bill should be included with the NOC and rent agreement for the property that will serve as the company’s registered office after incorporation.

Step 1: First, the desired company name will be submitted via Spice + Form to MCA for approval (Part-A).

Step 2: Following MCA approval of the name, we must submit Part-B of the Spice+ Form based on the aforementioned documents.

Step 3: E-MOA  and E-AOA preparation based on the proposed company’s line of business.

Step 4: After completing all paperwork in accordance with the requirements of the Companies Act 2013, all forms must be digitally signed by the directors, shareholders, and a professional before being uploaded and paying any applicable fees (this fee may vary from state-to-state).

Step 5: After all documents have been successfully submitted, Ministry of Corporate Affairs will review them and, if satisfied, a registration certificate will be issued along with the company’s PAN number and TAN number.

Following company incorporation, there are a number of compliances that must be met on a monthly, quarterly, or annual basis. 

Compliances required immediately following incorporation include:

• Notifying MCA of the registered office (applicable in cases where the address provided at the time of incorporation differs from the actual office).
• Conducting the first board meeting within 30 days of incorporation and appointment of first auditor, intimation of the same to MCA in form ADT-1.
• Issuance of Share Certificate.
• Opening of Bank Account in 60 days.
• Every newly incorporated company with share capital is prohibited by Section 10A of Companies Act, 2013 from starting a business or use its borrowing powers unless Form INC-20A is filed within 180 days of incorporation.
• Holding Board meetings on a regular basis and producing minutes from those meetings.
• Filing of the MSME form on a biannual basis. (If Applicable)

Along with the aforementioned requirements, companies that are registered for GST/ESI-PF must submit GST Returns on a monthly or quarterly basis, as appropriate. Additionally, because a TAN Number is assigned at the time a company is incorporated, if TDS is deducted, it must be deposited on a monthly basis and a quarterly TDS return must be filed.

Compliances that are necessary both annually and throughout the year:

• If a special resolution is passed, the company must submit Form MGT14.
• Reporting of Advances and Deposits in Form DPT-3
• Director’s KYC in Form DIR-3
• Minutes of Board Meeting, AGM and EGM.
• Statutory registers such as the shareholders’ register, the members’ register, and the register of charges, etc.
• Conduct of Statutory Audit in accordance with Companies Act, Tax Audit in accordance with Income Tax Act, and GST Audit in accordance with GST Act (as applicable)
• Preparation and Reporting of Financial Statements to MCA in Forms AOC-4 and MGT-7.

Other registrations that can be taken with other departments or authorities as per  business requirements are :

• Import Export Registration.
• MSME Registration provides access to a variety of benefits, including loans at preferential rates and assistance in filing complaints under the MSME Samadhaan Scheme to recover unpaid debts from clients.
• To prevent others from misusing their brand, register a trademark.
• Registration under Startup India shall give an income tax incentive for a certain period.

Having the correct folks on hand will make the registration process smoother. In order to give the business a proper legal identity, the registration process is the first step in starting a company. Contact CAnest ( +91 9836563413) to register your new business.