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In India, incorporation of the private limited company is governed by the Companies Act, 2013 through the Ministry of Corporate Affairs Companies Incorporation Rules, 2014. The incorporation of a private limited is very attractive it offers protection to the assets and holdings of the entrepreneur. There is a set of rules & regulations which must be followed at the time of incorporation of Private Limited Company. After due process, a certificate of incorporation is issued by the competent authority to conduct the business activity.
Private Limited Company means a
company which has a minimum paid-up capital as prescribed and must contain in
its articles the following restrictions, limitations, and prohibitions.
The incorporation of a Private Limited company is a completely online process as there is no physical submission of a document. Private Limited Company is becoming the most popular form of business organization. The process of incorporation of Private limited company is as follows-
The authority, Ministry of Corporate
Affairs has introduced a fast track process for incorporation of a Private
limited company through RUN web form RUN (RESERVE UNIQUE NAME) is a web
form for reserving the name of the proposed company and for changing the name
of an existing company. Before obtaining a Digital Signature certificate, with
RUN WEB FORM a company name can be reserved easily.
For the name option, only one name choice can be provided. Now, for incorporation applicant can either apply through RUN service for reserving a name or use directly SPICE form for name reservation and incorporation of a company.
Reservation of name shall be made through the web service available at MCA by using the RUN form or through SPICE which may either be approved or rejected by the Central Registration Centre.
A person can make an application, in
such form and manner accompanied by such fee, as may be prescribed, by the
Registrar for the reserving a name set out in the application as—
The Applicant has to enter the name he wants to reserve, for the
incorporation of a new company or for changing the name of an existing company
and are requested to ensure that the proposed name selected must comply with
Rule 8 of the Companies (Incorporation) Rules, 2014 before applying for the
Our Trending Post: Benefits of Registering a New Business in India by Using SPICe.
A name reservation application shall be
filed in the RUN form with the prescribed fee of Rs. 1000.
In the case of incorporation of a new company, a person can apply for DIN only through the SPICE Form. The requisite information of proposed Directors not having DIN must be filled into SPICE Forms. In the case of proposed directors not having approved DIN, the particulars of a maximum of three directors shall be mentioned in the SPICE form and DIN may be allotted to a maximum of three proposed directors through SPICE form.
In the case of companies already incorporated, DIR-3 can be filled for the appointment of the director not having DIN. An applicant shall make an application electronically in form DIR-3 to the Central Government who intends to be appointed as director of the existing company for allotment of DIN. The fees for DIN application shall be as provided under the Companies (Registration Offices and Fees) Rules, 2014.
A Person is required to create a login account first before using
the service. This is a post-login service and existing users would need to
login to their account using their credentials for filing the RUN form.
When an existing company wishes to change its name and is
using RUN to reserve a new name CIN
of the company is required.
An approved name is valid for a period of –
It is not mandatory to attach relevant documents. It is required
only when a name requires the approval of a Sectoral Regulator if applicable,
as per the Companies (Incorporation) Rules, 2014.
Name applications will be approved by Central Registration Centre (CRC) under
Non-STP mode. The name applied for incorporation or change of name of the existing
company will be subject to a comprehensive check and thereafter approval
/rejection by the Central Registration (CRC), as the case may be, which shall
be communicated by e-mail to the applicant.
Before filing the name through RUN WEB FORM, the Applicant should take
into consideration Rule 8 of Companies (Incorporation Rule) 2014.
Process for incorporating a company through SPICE –
After the name reservation, the next step is to file company registration application in SPICE form, SPICE MOA AND SPICE AOA along with the other necessary documents such as DIR 2, INC 9, Declaration & NOC signed by the respective Directors and Property owner (Register office).
Note-While incorporating the company, if the proposed
directors do not have DIN (Director Identification Number) then they can
directly apply for DIN through SPICE and they do not need to file a separate
application for the same.
After completing the formalities and
documentation process in all forms, it is required to upload the forms as a linked
form on MCA through registered user id and by making the respective payment for
Certificate of Incorporation – Certificate of Incorporation is issued by the CRC along with CIN, PAN, and TAN of the company.
Also, Read: SPICe: Benefits of Registering New Business in India.
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