Hi everyone, I’d like to give you a very brief overview of my presentation; I’ll be talking about the Process

of ONLINE Incorporation OF A COMPANY. Section 7 of the companies act, 2013 provides for the procedure
to be followed for incorporation of a company. The promoters have to go through the following
preliminary steps:
1. First Reservation of name by filing e- application
2. Second Drafting and signing of moa & aoa and its submission to roc. These documents have to be e-
filed and e-stamped.
3. Third File declaration about address of registered office
4. Fourth Consent of persons nominated as directors to act as directors to be submitted electronically
5. Fifth Submission of statutory declaration of compliances and other declarations
6. Sixth Pay fees and amount of stamp duty electronically
7. Seventh Obtain certificate of Incorporation digitally signed by roc.
Now let us discuss these steps in more detail. Next slide
The first step is to check the availability of the name for the company. As per section 4 sub section 2, a
company cannot be registered with a name which is considered to be undesirable in the opinion of the
central govt. The name should be indicative of the objectives of the company and should not be identical
with or resemble too nearly to the name of an existing company or registered under this act or any
previous company law.
Next slide As per notification of ministry of corporate affairs, dated 23 rd February 2020, an application for
reservation of name shall be made through the web service available at www.mca.gov.in
Next slide In Case of a New Company, application for reservation of name shall be made by using Part A of
web form spice+ that is simplified proforma for incorporating companies electronically plus.

Next slide For this, user has to enter the name he wants to reserve, for incorporation of a new company.
Users are requested to ensure that the proposed name selected does not contain any word which is
prohibited under section 4 subsection 2 and subsection 3 of companies act 2013.

The promoter or applicant of the proposed company shall propose only one name where he is filing part a
and part b of web form spice+ simultaneously. However, where the applicant files only part a of the web
form, he can propose 2 names.

Next slide The registrar may, on the basis of information and documents furnished along with application,
reserve the name for a period of 20 days from the date of approval .however, the registrar can extend the
name reservation period upto 40 days on payment of 1000 rs, 60 days on payment of 2000 rs and 3000rs
from date of name approval.

Next slide In case of an existing company, web service run- reserve unique number will be applicable.
Under this service, only 2 names are to be provided while filing the form run. Availablilty of name will be
known instantly when the user clicks on the autocheck. If the name is available, user will have to pay
registration fees and the name is reserved. In this case, registrar may reserve the name for a period of 60
days from the date of approval.

Next slide If before incorporation, it is found that incorrect and false information is submitted then the
reserved name shall be cancelled and the person making the application shall be fined upto 1 lakh rs.

Registrar can also direct the company to change its name or strike of the company’s name or a petition for
the company’s winding up can be filed.
Next slide The next step is to acquire one’s digital signature certificate. The Information Technology Act,
2000 has provisions 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. In order to obtain the certificate,
an application form has to be downloaded and identity addess proofs have to be uploaded and a self
attested passport size photograph is also attached to the form. After this, the digital signature is issued by
the licensed certifying authority.

Next slide The next step is to apply for a director identification number. All existing and intending directors
are required to obtain universally accepted identification number within the prescribed time frame. The
proposed directors who do not have din need not make a separate application for the same. However, the
number of proposed directors din, has been restricted to 3 persons.

Next slide Persons who are going to be appointed as directors or designated partners need to file e- form D
I R 3 and attach residence proof. D IR 3 has to be digitally signed by the applicant and the director and
uploaded on the MCA portal after payment of fees electronically. After this, DIN is generated!

Next slide For the next step, the promoter or applicant of the proposed company may prepare
Memorandum of association as per template in form INC 33 and may opt for templates of Articles of
association in Form INC 34 in accordance with the provisions of Rule 13.

Next slide Both these documents must be prepared with great care and detail.

Next slide For incorporating section 8 company, memorandum of association shall be prepared in form no
INC 13 and articles of association as per sechedule 1.
The memorandum and articles must be signed digitally by atleast 7 subscribers (2 in case of private
company) along with address, description, occupation, if any, in the presence of atleast 1 witness. The
subscribers should also clearly mention the number and nature of shares subscribed by them.
However, physical copies of MOA and AOA in respective formats need to be attached to web form SPICe+
in case the company has more than 7 subscribers or one of the subscriber is signing the documents outside
india.

 Next slide

Pursuant to rule 38a of the companies rules 2014, the application for incorporation of a company
will be accompanied by web form AGILE PRO INC 35 containing Goods and services tax
identification number

 Employees state insurance corporation registration

 Employees provident fund organization registration
 Profession tax registration and Opening of bank account

Next slide

Next slide

Following forms are also attached to the web form spice+

Form INC 8 –
Next slide Now, form no. DIR 2 wrt first directors consent to act as directors of the company is filed and
also declaration of compliance by the first directors that all the requirements wrt registration and matters
precedent and incidental thereto have been duly complied with.

For verification of office, It is now compulsory to file form no. INC 22 within 30 days of incorporation with
the ROC. Inc 22 is not required to be filed within 30 days if the proposed company maintains its registered
office at the correspondence address given in inc 32. However, If this provision is contravened, then every
officer in default shall be liable to a penalty of 1000 rs per day of default not exceeding 1 lakh rs.

Next slide Also the companies have to now geo tag that is attach data of the exact location of their
registered offices by filing INC 22A – active which is active company tagging identities and verification
which requires pictures of office showing external building and inside office as well.

Next slide As per Rule 25A, every company incorporated on or before 31 st December, 2017 shall file the
particulars of the company and its registered office in e-form INC22A-ACTIVE, on or before 15/6/2019. Any
company which has not filed its due financial statements or annual returns with Registrar shall be
restricted from filling e- Form INC22A-ACTIVE.
Companies which have been struck off or are under process of striking off or under liquidation shall not be
required to file e-Form INC22A-ACTIVE. In case the company does not imitate the particulars, its shall be
marked ACTIVE non-Complaint and registrar can strike out the name from the registrar of Companies and
the director identification number (DIN) allotted to its existing directors shall be marked as “Director of
ACTIVE non-complaint Company”.
Next slide The Registrar within whose jurisdiction the registered office of the company is proposed to be
situated shall process Web Form SPICe+ and scrutinize the documents.
If the Registrar finds that it is necessary to call for further information or finds application to be defective,
he shall give intimation to the applicant to remove the defects and re-submit the e-form within 15 days
from the date of such intimation.
After the resubmission of the documents, if the Registrar still finds that the documents are defective or
incomplete, he shall give one more opportunity of 15days to remove such defects or deficiencies.
However, the total period of resubmission of the documents shall not exceed 30 days.
Even after giving such opportunities, Registrar is of the opinion that the document is defective or
incomplete, then the Web Form SPICe+ of the proposed company shall be rejected.
After submitting Web Form, Service Request Number-SRN will be generated.
Next slide Once the Web Form has been approved by the concerned officials of the ministry of corporate
affairs, an email regarding the same will be received and the status of the form will get changed to
APPROVED and the corporate identity will be generated.
The company can then obtain the Certificate of Incorporation containing the Corporate Identify Number
(CIN) in form no. INC 11 within a few days. It will also contain the Permanent Account Number (PAN) and
Tax Deduction Account Number (tan) of the company.
However, It is to be clearly noted that no hard copy of Certificate of Incorporation is issued. It is only issued
digitally.
Next slide This is an example of a Certificate of Incorporation issued digitally!!
That’s on my part….Now, I will handover to my team member Samiksha!