LEGAL FINAL

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ASSIGNMENT ON THE PROCEDURE TO

INCORPORATE A COMPANY IN INDIA

SUBMITTED BY: SIDHARTH KOTWAL (56)

SUBJECT: LEGAL ASPE CTS OF BUSINESS (103)

BATCH: MBA; SEM - IST

SESSION: 2023-25

SUBMITTED TO: DR. SALONI DEVI

D
DR.AUBID PARREY

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TABLE OF CONTENTS

S.NO. CONTENTS PAGE


NO.
1.1 INTRODUCTION 3

1.2 DETAILS OF COMPANY 3

1.3 DETAILS OF DIRECTORS 4

1.4 STEPS AND FORMS FILED BY THE 4-7


COMPANY

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 INTRODUCTION
I will introduce here a hypothetical Company Namely ‘Alpha food processing’ Pvt. Ltd.
The company has been in business for the past 5 years, dealing in food processing of local produce like
Apple, walnut other dry fruit etc. Now let us understand how the whole process for the incorporation of
the company can be done in context of food processing unit.
The Company have the following Board of directors:-
According to the Companies act , 2013
“Section 149 of the Companies Act, 2013 requires that every company shall have a minimum number of
3 directors in the case of a public company, 2 directors in the case of a private company, and 1 director in
the case of a One Person Company.”
Alpha food processing’ Pvt. Ltd. Being a Private Company the company needed at least 2 directors ,
that’s what we did , with the two directors being:-
Mr. Sidharth kotwal (chairman)
Mr. D S kotwal (Director)
The company Did the whole Procedure In accordance with the companies act , 2013
The company is LIMITED BY SHARES
“Limited by shares refers to the liability of the shareholders to the creditors of the business for the money
that was invested originally. According to the Companies Act 2013, if the liability of the company
members is limited by the amount not paid on shares they hold, this is referred to as a company limited by
shares.”
1. DETAILS OF THE COMPANY

CIN/LLPIN/FCRN Xxxx
Company Name Alpha food processing’ Pvt. Ltd.

Company No. xxxx


Company Status Active
Company Category Limited by Shares
Company Sub Category Non-Govt Company
Class of Company Private
Incorporation Date 1st Jan 2018
Date of AGM 30 Sep 2022
Date of Balance Sheet 31 Mar 2023
Listing Status Unlisted
ROC Code Roc-Jammu
Activity Food processing
Status Active

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2. DETAILS OF DIRECTORS

Name Designation Date of Appointment

Sidharth Director 01 January 2018


Kotwal

D S Kotwal Director 01 April 2018

3. THE PROCEDURE FOLLOWED


The procedure we followed was in accordance to our incorporation in the state of Jammu and Kashmir

Here is a step-by-step guide to starting a new company in India using Alpha food processing’ as
an example:

1. We reserved the name of the company by filling out the

RUN (Reserve Unique Name) form on the Ministry of Corporate Affairs website.

They provided two names (Alpha food processing’ & Alpha food respectively) in order of
preference and followed the naming conventions. Once the name was approved, it was
reserved for 20 days.

They also used the SPICe-32 form to finalize the name, but they could only provide
one option.

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2. We procured a Digital Signature Certificate (DSC).

A DSC is a digital key that holds all the vital information about the registered signatory
like name, address, email, phone number, and the authority which has provided the
certificate.

It enabled the authorized signatory to prove its identity and sign documents
electronically. For e-Filing, DSC was a mandatory requirement. We obtained a DSC
from any one of the authorized agencies approved by the government.

3. We filed the incorporation documents with the Registrar of Companies (ROC) within
20 days of name approval.

The documents included Memorandum of Association (MOA), Articles of Association


(AOA), and Form SPICe (INC-32). We filed these documents online on the Ministry of
Corporate Affairs website.

4. We obtained a Permanent Account Number (PAN) and Tax Deduction and Collection
Account Number (TAN) from the Income Tax Department. They applied for these
numbers online on the NSDL website.

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5. Our company’s turnover exceeded Rs. 20 lakhs, Thus We registered for GST. We
registered for GST online on the GST portal.

6. FSSAI Registration/License: Register or obtain a license C from the Food Safety and
Standards Authority of India (FSSAI)

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7. We opened a bank account in the name of the company. We did this by visiting Our
bank branch near us.
8. As We had more than 20 employees, We registered for EPFO online on the EPFO
website.

9. WE also had more than 10 employees and registered for ESIC. We registered for ESIC
online on the ESIC website.

10. WE obtained a Shop and Establishment Act License from the local municipal
corporation. We applied for this license online on the Jammu and Kashmir Municipal
Mun
Corporation website.
11. At last We registered for Professional Tax with the local municipal corporation. We
applied for this registration online on the Jammu and Kashmir Municipal Corporation
website.

Once all formalities are complete, We officially start operating your company.

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