Procedure for Registration of Private Limited Company

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1)Objective

2) Procedure of registration of private limited company and required documents.

  1.  SPICe+
  2. Details of SPICE + form
  3. What is AGILE-PRO?
  4. Document Requirement
  5. E-AOA and E-MOA
  6. Closure procedure

3) Conclusion

Objective

Whenever a person wants to start any business he/she need to select the form in which he/she going to operate. If he/she decided to run their business in the form of Private Limited company, then there is lots of question arises in their mind like how to incorporate the company and what are the compliance he/ she have to perform to proceed with their goals of doing business. So, to guide/assist them all I have mention some details below which should be kept in mind before taking any decision.

Procedure of incorporation of company and required documents

To incorporate a company, first we should login to MCA website and fill and then file an SPICE + form along with appropriate documents.

1) SPICe+ (New Web Form for Company Incorporation)

SPICe+ stands for Simplified Proforma for Incorporating Company electronically plus which replaces the existing SPICe form. All the new company incorporations have to be done by the online filing of SPICe+ form. The other forms that need to be filed along with SPICe+ are 

a)AGILE-PRO

b)SPICe+AoA 

c)SPICe+MoA.

2) Details of SPICE+ form

The SPICE+ has been divided into 2 parts as follows :

Part AName Reservation (New Companies only)

In this, we should apply for NAME registration facility which has been given by MCA.  We need to give any 2 names, which we wants to be the name of company. Then, the appropriate authority will Reserve any 1 name out of the 2 provided subject to availability and the same should be intimated to us. After that, we need to incorporate the company within 15 days from the name reservation date by applying for PART B. 

Part B: Incorporation of Company

It includes the details of incorporation as earlier mention in SPICE ,E-MOA ,E-AOA ,AGILE PRO which we needs to fill and some of other details are shown below which will also be included into this part. 

Application for DIN if not attotted 

PAN Application

TAN Application

GSTIN Application (if applicable)

EPFO Registration

ESIC Registration

Opening of Bank Account for the Company

Profession Tax Registration (only for Maharashtra)

3). What is AGILE-PRO?

AGILE stands for Application for Goods and services identification number, employees’ state Insurance corporation registration plus Employees’ provident fund organisation registration. The old AGILE form is now replaced with the AGILE – PRO web form. In this government has made mandatory to be applied for EPFO Registration, ESIC Registration, Opening of Bank Account for the Company.

4). Documents Requirement

       For SPICE

  • Declaration by the first director(s) and subscriber(s) (INC-9)  (Affidavit not required)
  • Proof of office address
  • Copy of utility bills
  • Copy of certificate of incorporation of foreign body corporate (if any)
  • A resolution passed by promoter company
  • The interest of first director(s) in other entities
  • Consent of Nominee (INC–3) (if there)
  • Proof of identity as well as the residential address of subscribers (KYC)
  • Proof of identity as well as residential address of the nominee (KYC)
  • Proof of identity and address of Applicant I, II, III
  • Consent from Director (DIR 2)
  • Optional attachments (if any)
  • Attachments – Part A
  • Documents specified for ID prof.  is either passport copy or driving licence or voter id card (Any one document) 
  • Documents specified for address prof.  are either electricity bill or telephone bill or ga bill or mobile bill or latest bank statement (Any one and documents should not be older than 2 month)

For AGILE-PRO

a) Proof of principal place of business

b)Proof of appointment of Authorised Signatory for GSTIN
c) (Either of the documents– Letter of Authorisation/Copy of Resolution passed by BOD/
     Managing Committee and Acceptance letter.                                                                     

d)Proof of identity of Authorised Signatory for the opening of a bank account                      

e)Proof of address of Authorised Signatory for the opening of a bank account              

f)Specimen Signature of Authorised Signatory for EPFO.

5) E-MOA and E-AOA

Memorandum of article and article of association has been filled online only in which no attachment of documents required. DSC of professional and subscriber to MOA is required under this form.

6) Closure procedure

At the end , after filling all the details of PART A and PART B , there is automatically generation of 4 forms i.e E-MOA , E-AOA , AGILE PRO , SPICE. The director of the company and the practicing professional person needs to Digitally Sign on it and upload it to the site along with the required statutory fees. 

Within 2 weeks, if all the documents filed were correct, then the prescribed authority grants a Certificate of Incorporation(C.O.I) to the company.

Conclusion

To conclude it, one should apply for the incorporation of a company as the procedure mentioned above so that no interruption will arise thereafter.

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Swapnil S

CA in Mumbai

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