Among all, the first step involved for the process of company incorporation is ascertaining the availability of name. A company is identified through its name it registered on the Ministry of Corporate Affairs. Hence choosing an appropriate name is the important and crucial thing.

For the same, an application will be submitted for the reservation of name to the Ministry of Corporate Affairsby login to the sitehttps://www.mca.gov.in/mcafoportal/login.do and preference wise 2 names along with the business objective can be provided. Once the name gets approved, it’s reserved for 20 days within which applicant needs to complete all the remaining process for the incorporation of the Company.

Stakeholders shall ensure that the proposed name selected does not contain any word as prohibited in Section 4(2) & (3) of the Companies Act, 2013 read with Rule 8 of the Companies (Incorporation) Rules, 2014.Points to be considered while suggesting the name:

1. The name shall be unique and does not resemble with any other existing name of company, trademark and domain which need to be checked from below mentioned sites.
2. The name shall not be offensive.
3. For checking and ensuring the compliances, you can check the proposed name from the three   websites

-Check Trademark for your proposed name on the site https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

– Check domain for your proposed name on the site https://www.registry.in/index

-Check the availability of Company Name on the site https://www.mca.gov.in/mcafoportal/viewCompanyMasterData.do

Therefore, choosing an appropriate name which does not prohibit any law will be the most important thing.

There is also another way to finalize the name of company and its incorporation in one go i.e., apply name and company incorporation together. However, if the same has been rejected by the MCA, then all the documentation will be done again

Once the name gets approved in PART A, the basic details will be automatically filled in all linked forms of PART B. There will be total 4 linked forms which will be generated such as AGILE-PRO, Spice+ MOA, Spice + AOA and INC-9. These linked forms will be filled up with the necessary details like capital subscription, name of shareholders and directors, percentage of holding among the shareholders, Interest of shareholders in other entities, etc.

For completion of the Part B, many other details and documents will be required which is discussed as below:

1. Procuring Digital Signature Certificate:

For the E-filing of all the forms, Digital Signature is a mandatory requirement. Digital Signature is in form of digital key containing all the information about the registered signatory like name, address, Contact No, Email ID and the authority detail which has provided the certificate. All the forms will signed digitally by the authorized signatory by proving its identity through the Digital Signature Certificates.

1. Self-Attested copy of Panand Aadhar card of all the directors and subscribers of the proposed company along with their email id and contact numbers. Further copy of proof of identity such as (any One) Voter Card/Passport/Driving License and Proof of Address such as (any one) Bank Statement/Electricity Bill/Telephone Bill (not older than 2 months) will be required.

1. DIR-2- Consent and declaration from the directors of the company along with the copy of proof of identity and residential address.

1. Duration of stay at present address of directors and if stay of duration is less than 1 year then details of the previous residential address.

1. Applying for Director Identification Number (DIN)

Director Identification Number is a unique identification number of 8 digits for the directors of a Registered Company.Every director will be provided a unique number with which he will be identified by the MCA. To become a director, one shall apply for getting the DIN from the MCA.To applying DIN, the applicant has to make an application in e-Form DIR-3 and shall follow the below mentioned process

1. Form DIR-3 shall be downloaded from the site of MCA
2. The form shall be supported by the documents with the Proof of identity, Proof of Residence and passport size photograph.

• Details will be filled in the form like PAN, Address, Mobile No, Email id, qualification, occupation, etc.

1. After filling the form, DSC will be affixed on the form and it will be uploaded on the site of MCA followed by the payment of fees. Only electronic payment of the fees shall be allowed. (i.e., Net Banking, Credit card, Debit Card, NEFT)
2. Upon upload and successful payment, DIN shall be generated if the Form DIR-3 details have not been identified as a potential duplicate.

1. Form INC-35 (Agile Pro)

This form is for GSTIN, Employees Provident Fund Organization registration, Profession Tax Registration, Opening of Bank Accounts, Shops and Establishment registration.

It is mandatory to register for ESIC, EPFO, Professional Tax (for Maharashtra) and bank account opening to obtain AGILE-PRO via e-form, However, GSTIN Registration is optional for the applicants. 

1. Writing Memorandum of Association (MOA): FORM INC-33

MOA is a document which contains all the fundamental information about the company, the objectives of the company in brief, the share capital, type of Shares whether equity or preference and its shareholders details, details of allocation of shares among the shareholders along with their name, address and occupation, etc. Company can perform and undertake only those activities that are mentioned in the objectives of Memorandum of Association beyond which the company cannot undertake any other objective but the Memorandum of Association (MOA) can be amended with the approval of the shareholders.

As per Section 4 of the Companies Act, 2013, Companies shall form MOA as specified in Tables A to E of Schedule -I of the Act. Below is the list of tables with their meaning:

Table A: Company Limited by shares

Table B: Company limited by guarantee and not having a share capital

Table C: Company limited by guarantee and having a share capital

Table D: Unlimited Company and not having share capital

Table E: Unlimited Company and having share capital

Hence Company shall adopt an appropriate table applicable to it as there are various forms of tables for different companies.

1. Writing Article of Association (AOA): FORM INC-34

AOA defines the rules and regulations that govern the internal management of the company for achieving its objectives.

Various forms in Tables F to J for different companies have been mentioned under Schedule I of the Companies Act 2013 and AOA must be in the respective form.

Table A: Company Limited by shares

Table B: Company limited by guarantee and having a share capital

Table C: Company limited by guarantee and not having a share capital

Table D: Unlimited Company and having share capital

Table E: Unlimited Company and not having share capital

1. Form INC-9

Declaration shall be given by the subscribers and directors in the form INC-9 that:

• They have not been convicted of any offence in connection with the promotion, formation, or management of any company during the preceding five years.
• They have not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years; and
• All the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of my knowledge and belief.

Once all the above documents and details are ready, then the application for the incorporation of the company can be made via e-form Spice accompanied by Spice MOA and Spice AOA with the registrar under whose jurisdiction the address of the company is located. All these e-forms need to be affixed by the Digital Signatures of the respective persons.

The Registrar of Companies will grant a Certification of Incorporation along with the Copy of PAN, TAN, EPF, ESIC which will be used as for the identity of the company existence.

Once the company gets incorporated then there are many compliances which need to be performed by the company

1. Registration of Address (INC-22)

The Company within thirty days of its incorporation shall furnish to the Registrar of Company regarding verification of its registered office by filing the e-form INC-22.

INC-22 shall be downloaded from the Ministry of Corporate Affairs site and any of the following document will be attached with this form:

• the registered document of the title of the premises of the registered office in the name of the company; or
• the notarized copy of lease/rent agreement in the name of the Company along with the copy of rent paid receipt not older than one month;
• the authorization from the owner or authorized occupant of the premises along with proof of ownership or occupancy authorization, to use the premises by the company as its registered office and
• the proof of evidence of any utility service like telephone, gas, electricity etc. supporting the address of the premises in the name of the owner which is not older than the 2 months.

1. Commencement of Business (FORM INC-20A)

Every Company incorporated shall within 180 days of its incorporation shall file the declaration for the Commencement of the Business with the Registrar of Company. It is the declaration regarding that all the subscribers to the MOA have deposited the total value of the shares agreed to be taken by them in the Company Bank Account. Proof for the same shall be attached while filing the form INC-20A. Bank Statement shall be used as the evidence for the same.