The Companies Act, 2013 lays down the procedure for the incorporation of a private limited company in India. It is the legal process for the formation or registration of a company or a corporate entity. Registration of a company involves certain steps. An application for incorporation needs ro be filed addressing the Registrar of Companies (RoC). The application is accompanied by a list of documents required for incorporation of private limited companies.
List of Documents
Documents submitted by the Director-
To incorporate a private limited company in India, the director of the company must obtain a Director Identification Number (DIN) for which the following documents are required.
1. An identity proof mainly pan card is required. It includes the name of the applicant, father’s name, date of birth etc.
2. Applicants who are Foreign nationals must submit a copy of their passport as an identity proof.
3. The directors should submit a proof of residence. It can include the following:
● Voter Identity Card
● Driving License
● Ration card
● Electricity Bill
● Telephone Bill
● Bank Account Statement
All the above mentioned documents shall be in the name of the applicant and not older than one month.
4.The applicant needs to submit a high resolution passport size photograph in JPEG format.
The copies of the required documents should be self-attested by the applicant, scanned and sent across via email to the concerned authority.
Memorandum of Association and Articles of Association
The company to be incorporated must submit its Memorandum of Association and Articles of Association to the registrar. The Memorandum and articles of association should be duly signed by all the subscribers of the memorandum. It shall also include each subscriber’s name, address, description and occupation.
Each director of the company and its subscriber is required to submit an affidavit stating that
1. He has not been convicted of any offence relating to the promotion, formation or management of any company.
2. He hasn’t been found guilty of any fraud or misfeasance or breach of duty to any company under the Companies Act for the last 5 years.
3. All the documents filed with the Registrar for the incorporation of the company contain correct information and is true to the best of his knowledge and belief.
Declaration by a professional
List of documents required for incorporation of private limited companies also includes a declaration in the prescribed format by an advocate, chartered accountant or company secretary in practice stating and by the director, manager or secretary of the company that all the requirements and rules for the registration of the company have been complied with.
Correspondence address for company’s office
It is required to submit a correspondence address of the company till the time the registered office is established.
Particulars of subscribers
Particulars of each subscriber including his name, surname, residential address, nationality, date of birth, place of birth, education qualification, email id, phone number are required.
The subscriber shall also submit
1. Identity proof
It is compulsory to submit PAN card as identity proof. Along with this, any one of the following documents can be submitted:
● Voter’s identity card
● Passport copy
● Driving License copy
● Unique Identification Number (UIN)
2. Proof of Residence
3. Proof of Nationality
4. Signature and passport size photograph
5. If the subscriber is a body corporate, then the name of the body corporate, registered office address and Corporate Identity Number should be submitted.
These are the list of documents required for incorporation of a private limited company in India. All the above-mentioned documents should be attached to the SPICe form.