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CAREER POINT
UNIVERSITY
INDUSTRY: PRODUCER
COMPANY: INCORPORATION OF COMPANY (ROC FILLING &
PROCEDURE)
SUBMITTED BY:
YAMINI KAHALIYA (K13341)
TANMAY KHATRI (K13838)
KRISHNA CHETIWAL (K13836)
BHUPEN SHARMA (K13322)
LOITONGBAM NONGTHANG (K13851)
PowerPoint
presentation on:
CONTENTS
 Introduction
 Importance
 Steps involved in formation of company (as per Companies Act
2013)
 Forms required for company formation & filling procedure
 Attachment
 Fees
 Our company profile
 Conclusion
 Bibliography
INTRODUCTION:
• Companies Act 2013
• ROC (Registrar of Companies)
• Private Company [section 2(68)]
Importance :
Importance of forms (required to be filed):
o Form INC 1: Any promoter who wants to incorporate his / her company has to firstly file
form INC 1 to ROC, form INC 1 is required for (Application for reservation of name) of
company. Reservation of name is required so that ROC can check whether there is any
company in existence with the same name or whether the name is legal and valid or not.
o Form INC 7: After the approval of applied name the next step is to fill the form of
incorporation , i.e. Application for incorporation of company.
o Form MGT 6: Section 89 covers persons not holding beneficial interest in shares,
beneficial interest means holding 20% or more in shareholding. Form MGT 6 indicates
those person who are not beneficial holders.
o FORM DIR 3: There is a requirement of obtaining DIN (Directors Identification Number)
for every company , this concept is introduced to keep a check on directors so that they
do not vanish after raising funds. Form DIR 3 is a required to obtain the same i.e.
application for allotment of DIN.
o Form MR 1: This form is required to be submitted with ROC to give details regarding
Return of appointment of Managerial Personals.
Steps involved in formation of company
(as per Companies Act 2013)
 Obtain Digital Signatures
 Obtain Director Identification Number [Section 153]
 Preparation of the Memorandum of Association (MOA) and Articles of Association
(AOA)
 Application for incorporation of a private company
Forms required for company formation &
filling procedure
 Form INC 1: Application for reservation of Name
 Form INC 7:Application for Incorporation of Company (Part I
Company and Company with more than Seven Subscribers )
 Form MGT 6: Return to the Registrar in respect of declaration
under section 89 received by the company
 FORM DIR 3: Application for allotment of Director Identification
Number
 Form MR 1: Return of appointment of managerial personnel
Form INC 1:
 In case of change of name of an existing company, a copy of Board resolution; a certified true copy of board resolution is
required to be attached in case eForm is filed by an existing company,a copy of direction received from the Central
Government for change of name is required to be attached.
 In case the proposed name(s) are based on a registered trademark or is a subject matter of an application pending for
registration under the Trade Marks Act, 1999, the approval of the owner of the trademark or the applicant of such
application for registration of Trademark;
 Order of tribunal as required in Rule 8(8). Order of Tribunal in course of compromise, arrangement and amalgamation is
required to be attached in case proposed name is the name released on change of name.
 Copy of Central Government’s approval In case the proposed name contains such word(s) or expression(s) for which the
approval of Central Government is required,
 Proof of relation is required to be attached if the proposed name(s) include(s) the name of relatives.
 Approval from IRDA, RBI, SEBI, MCA or any other needs to be attached in case proposed name includes the word such as
Insurance, Bank, Stock Exchange, Venture Capital, Asset Management, Nidhi, or Mutual Fund etc.
 No objection certificate from the sole proprietor/partners/other associates needs to be attached if the promoters are
carrying on any partnership firm, sole proprietary or unregistered entity in the name as applied for.
 In case the name is similar to any existing company or to the foreign holding company. Then, a certified true copy of No
objection certificate by way of board resolution needs to be attached.
 If the proposed name including the phrase ‘Electoral trust’ Then, affidavit executed on non-judicial stamp paper as per rule
8(2) (b) (vi) needs to be attached.
 Resolution of unregistered companies
 In case the key word used in the proposed name is the name of a person other than the name(s) of the promoters or their
close blood relatives, no objection from such other(s) is required to be attached.
Form INC 7:
1. Memorandum of Association of the Company.
2. Articles of Association of the Company.
3. Proof of Residential Address of the promoters which should be self attested and duly verified and which should not be older than two months,
any of the following documents can be used as Proof of Residential Address:
a) Electricity Bill b) Telephone Bill c) Statement of Account d) Gas Bill
4. Proof of Identity which can be Aadhar Card, Passport , Driving License, Ration Card, Voter Id which should be self attested and duly verified.
5. Declaration by Professional in Form INC-8.
6. Affidavit from each of the subscriber to the memorandum in Form INC-9.
7. Specimen Signature of all the promoters in Form INC-10
8. PAN Card of the Promoters. which should be self attested and duly verified
9. Affidavit for Hindi Sign, if signature of promoter is in Hindi
10. Name Approval Letter.
11. Affidavit regarding approval from RBI
12. Declaration by Promoters/Subscribers.
13. Power of Attorney.
Form MGT 6:
 Declaration by person who does not hold the beneficiary interest as per section 89 (1) is to be attached.
 Declaration by the person who holds the beneficiary interest 89 (2) is to be attached.
 Declaration by beneficial owner on any change in beneficial interest 89(3
Form DIR 3:
 Proof of Identity of applicant
 Proof of residence of applicant
Form MR1:
 Certified true copy of Board Resolution.
 Copy of letter of consent to act as a managing director, whole time director, or manager
 Certified true copy of shareholders resolution along with explanatory statement is mandatory in case passed
for such appointment
 Copy of central government approval is mandatory in case appointee is convicted or detained as per
Schedule V.
 Copy of certificate by the Nomination and Remuneration Committee of the company, if any
Fees:
 Form INC 1 :Fees: Rs. 1,000/-
 Form INC 7,Form MGT 6, Form MR 1 :Fees:
In case of Indian company having share capital
Nominal Share Capital Fee applicable
Less than 1,00,000 Rupees 200
1,00,000 to 4,99,999 Rupees 300
5,00,000 to 24,99,999 Rupees 400
25,00,000 to 99,99,999 Rupees 500
1,00,00,000 or more Rupees 600
In case of Indian company not having share capital
Rupees 200
Our company profile
 Company name: Rajshree Pvt. Ltd
 Company type: Private limited
 Company operation: Producer company
 Manufacturing product: sugar
 Raw material procured: Sugarcane
 Number of directors: 4
 By product manufactured: Khandsari Molassis
 Packing size: 50 Kg, 25 Kg, 5 Kg, 1 Kg
 Plant size: 360 Acres
 Plant Location: Kota (Rajasthan)
Name Contact
number
DIN
Bhupen
Sharma
9829376691 00076812121
Tanmay
Khatri
9960113131 00078611111
Krishna
Chetiwal
9727297927 00077633131
Yamini
Kahaliya
7897229791 00078631111
• Details of directors:
CONCLUSION
It can be concluded that the process of incorporation of a company whether public ,
private, OPC etc. is completely laid under and done by following the procedures
under companies Act 2013, the ROC (Registrar Of Companies) is the main authority
which authorises the complete registration of company and issues the certificate of
incorporation to the company. The registration of company is very essential without
this it is an illegal organisation and any activity carried out illegally is always under a
situation of being challenged by the authority at any stage.
Bibliography
• www.slideshare.com
• www.wikipedia.com
• www.mca21.gov.in
THANK
YOU

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Incorporation of Company - ROC filling & procedure (Business Law)

  • 1. CAREER POINT UNIVERSITY INDUSTRY: PRODUCER COMPANY: INCORPORATION OF COMPANY (ROC FILLING & PROCEDURE) SUBMITTED BY: YAMINI KAHALIYA (K13341) TANMAY KHATRI (K13838) KRISHNA CHETIWAL (K13836) BHUPEN SHARMA (K13322) LOITONGBAM NONGTHANG (K13851) PowerPoint presentation on:
  • 2. CONTENTS  Introduction  Importance  Steps involved in formation of company (as per Companies Act 2013)  Forms required for company formation & filling procedure  Attachment  Fees  Our company profile  Conclusion  Bibliography
  • 3. INTRODUCTION: • Companies Act 2013 • ROC (Registrar of Companies) • Private Company [section 2(68)]
  • 4. Importance : Importance of forms (required to be filed): o Form INC 1: Any promoter who wants to incorporate his / her company has to firstly file form INC 1 to ROC, form INC 1 is required for (Application for reservation of name) of company. Reservation of name is required so that ROC can check whether there is any company in existence with the same name or whether the name is legal and valid or not. o Form INC 7: After the approval of applied name the next step is to fill the form of incorporation , i.e. Application for incorporation of company. o Form MGT 6: Section 89 covers persons not holding beneficial interest in shares, beneficial interest means holding 20% or more in shareholding. Form MGT 6 indicates those person who are not beneficial holders. o FORM DIR 3: There is a requirement of obtaining DIN (Directors Identification Number) for every company , this concept is introduced to keep a check on directors so that they do not vanish after raising funds. Form DIR 3 is a required to obtain the same i.e. application for allotment of DIN. o Form MR 1: This form is required to be submitted with ROC to give details regarding Return of appointment of Managerial Personals.
  • 5. Steps involved in formation of company (as per Companies Act 2013)  Obtain Digital Signatures  Obtain Director Identification Number [Section 153]  Preparation of the Memorandum of Association (MOA) and Articles of Association (AOA)  Application for incorporation of a private company
  • 6. Forms required for company formation & filling procedure  Form INC 1: Application for reservation of Name  Form INC 7:Application for Incorporation of Company (Part I Company and Company with more than Seven Subscribers )  Form MGT 6: Return to the Registrar in respect of declaration under section 89 received by the company  FORM DIR 3: Application for allotment of Director Identification Number  Form MR 1: Return of appointment of managerial personnel
  • 7. Form INC 1:  In case of change of name of an existing company, a copy of Board resolution; a certified true copy of board resolution is required to be attached in case eForm is filed by an existing company,a copy of direction received from the Central Government for change of name is required to be attached.  In case the proposed name(s) are based on a registered trademark or is a subject matter of an application pending for registration under the Trade Marks Act, 1999, the approval of the owner of the trademark or the applicant of such application for registration of Trademark;  Order of tribunal as required in Rule 8(8). Order of Tribunal in course of compromise, arrangement and amalgamation is required to be attached in case proposed name is the name released on change of name.  Copy of Central Government’s approval In case the proposed name contains such word(s) or expression(s) for which the approval of Central Government is required,  Proof of relation is required to be attached if the proposed name(s) include(s) the name of relatives.  Approval from IRDA, RBI, SEBI, MCA or any other needs to be attached in case proposed name includes the word such as Insurance, Bank, Stock Exchange, Venture Capital, Asset Management, Nidhi, or Mutual Fund etc.  No objection certificate from the sole proprietor/partners/other associates needs to be attached if the promoters are carrying on any partnership firm, sole proprietary or unregistered entity in the name as applied for.  In case the name is similar to any existing company or to the foreign holding company. Then, a certified true copy of No objection certificate by way of board resolution needs to be attached.  If the proposed name including the phrase ‘Electoral trust’ Then, affidavit executed on non-judicial stamp paper as per rule 8(2) (b) (vi) needs to be attached.  Resolution of unregistered companies  In case the key word used in the proposed name is the name of a person other than the name(s) of the promoters or their close blood relatives, no objection from such other(s) is required to be attached.
  • 8. Form INC 7: 1. Memorandum of Association of the Company. 2. Articles of Association of the Company. 3. Proof of Residential Address of the promoters which should be self attested and duly verified and which should not be older than two months, any of the following documents can be used as Proof of Residential Address: a) Electricity Bill b) Telephone Bill c) Statement of Account d) Gas Bill 4. Proof of Identity which can be Aadhar Card, Passport , Driving License, Ration Card, Voter Id which should be self attested and duly verified. 5. Declaration by Professional in Form INC-8. 6. Affidavit from each of the subscriber to the memorandum in Form INC-9. 7. Specimen Signature of all the promoters in Form INC-10 8. PAN Card of the Promoters. which should be self attested and duly verified 9. Affidavit for Hindi Sign, if signature of promoter is in Hindi 10. Name Approval Letter. 11. Affidavit regarding approval from RBI 12. Declaration by Promoters/Subscribers. 13. Power of Attorney.
  • 9. Form MGT 6:  Declaration by person who does not hold the beneficiary interest as per section 89 (1) is to be attached.  Declaration by the person who holds the beneficiary interest 89 (2) is to be attached.  Declaration by beneficial owner on any change in beneficial interest 89(3 Form DIR 3:  Proof of Identity of applicant  Proof of residence of applicant Form MR1:  Certified true copy of Board Resolution.  Copy of letter of consent to act as a managing director, whole time director, or manager  Certified true copy of shareholders resolution along with explanatory statement is mandatory in case passed for such appointment  Copy of central government approval is mandatory in case appointee is convicted or detained as per Schedule V.  Copy of certificate by the Nomination and Remuneration Committee of the company, if any
  • 10. Fees:  Form INC 1 :Fees: Rs. 1,000/-  Form INC 7,Form MGT 6, Form MR 1 :Fees: In case of Indian company having share capital Nominal Share Capital Fee applicable Less than 1,00,000 Rupees 200 1,00,000 to 4,99,999 Rupees 300 5,00,000 to 24,99,999 Rupees 400 25,00,000 to 99,99,999 Rupees 500 1,00,00,000 or more Rupees 600 In case of Indian company not having share capital Rupees 200
  • 11. Our company profile  Company name: Rajshree Pvt. Ltd  Company type: Private limited  Company operation: Producer company  Manufacturing product: sugar  Raw material procured: Sugarcane  Number of directors: 4  By product manufactured: Khandsari Molassis  Packing size: 50 Kg, 25 Kg, 5 Kg, 1 Kg  Plant size: 360 Acres  Plant Location: Kota (Rajasthan) Name Contact number DIN Bhupen Sharma 9829376691 00076812121 Tanmay Khatri 9960113131 00078611111 Krishna Chetiwal 9727297927 00077633131 Yamini Kahaliya 7897229791 00078631111 • Details of directors:
  • 12. CONCLUSION It can be concluded that the process of incorporation of a company whether public , private, OPC etc. is completely laid under and done by following the procedures under companies Act 2013, the ROC (Registrar Of Companies) is the main authority which authorises the complete registration of company and issues the certificate of incorporation to the company. The registration of company is very essential without this it is an illegal organisation and any activity carried out illegally is always under a situation of being challenged by the authority at any stage.