The chapters I and II of The Indian Companies Act 1956 deals with the incorporation of a company. Following are the main steps for formation of a company:

Name approval. For this purpose, an application in Form No. 1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated. After approval of name from R.O.C, it remains valid for a period of 6 months. In this time frame, other formalities of incorporation has to be completed.

Preparation of Memorandum (MOA) and Articles of Association (AOA). The MOA states the main and other objects of the proposed company. The AOA contains the rules and procedures for the routine conduct of the proposed company. It also states the authorised share capital of the proposed company and the names of its first directors .

Documents to be filled for registration of a company.

• - Form No. 1 - This is a declaration to be executed on a non-judicial stamp paper of INR 20 by one of the directors of the proposed company or other specified persons such as Chartered Accountants, Advocates, etc. stating that all the requirements of the incorporation have been complied with.
• - Form No. 18 - This is a form to be filed for informing ROC the registered office of the proposed company.
• - Form No. 29 - Consent to act as directors - Applicable only for Public Limited Companies.
• - Form No. 32 - This is a form that states the names of the proposed directors.
• - Memorandum Articles of Association(MOA) and Articles of Association (AOA) in duplicate duly stamped .
• - Name approval letter in original.
• - Document evidencing payment of prescribed registration and filing fee i.e, a bank draft or a treasury challan.
• - Power of Attorney with prescribed stamped signed by all the subscribers of MOA authorising one of the subscribers or any other person to act on their behalf for the purpose of incorporation and accepting the certificate of incorporation.

After the above documents are filed, the ROC calls on specific date for scrutiny and making modification if any, in the MOA and AOA filed. After that, the certificate of incorporation is granted and issued.

We can help in formation of a new company in India and U.S.A. We complete all the formalities on client's behalf and will take all steps to get the certificate of incorporation within a reasonable time. We provide our services at very competitive rates. For any further clarification or help please contact us at incorporate@mybizaffairs.in