Checklist of documents/information required for Company Incorporation

Checklist of documents/information required for Company Incorporation

For Obtaining DSC (DSC is required for all subscribers to the Memorandum i.e. proposed shareholders):

1. ID Proof – PAN for Indian National and Passport for Foreign National
2. Address Proof – passport / voters ID / Driving License / Aadhaar Card
3. DSC Application
4. Passport Size photo of the applicant

For obtaining Name approval:

1. Main objects of the Company – The complete set of main business activities to be undertaken by the Company have to be given at the time of name application as no change is allowed at the time of incorporation.

One name application costs Rs.1000 and will contain 2 proposed names. The same may be approved or sent for resubmission. For the resubmission, we can again give 2 proposed names. If none of the 4 names are considered suitable, the application will be rejected. If rejected, we have to make another application, which again costs Rs.1000. This goes on till we get an approved name for the proposed company.

If name of proposed company is similar to any other existing Body Corporate, then NOC from such body corporate is required.

For filing incorporation documents:

1. Electronic Memorandum of Association and Articles of Association with digital signatures of all the subscribers. Physical Copy of MoA and AoA to be given in case subscribers are in foreign countries
2. Digitally declaration by first subscribers and directors in Form INC-9
3. Declaration by professional incorporating the Company in Form INC-8
4. Declaration by first directors that the Company will not accept deposits after incorporation in case of a private company
5. Self-attested proof of identity of subscribers – passport/ voters ID/ Driving License – passport is mandatory in case of foreign nationals
6. Self-attested proof of address of subscribers – Bank statement/ electricity bill/ telephone bill/ mobile bill – not older than 2 months
7. Self-attested PAN of subscribers – mandatory in case of Indian subscribers
8. Consent to act as Director – in form DIR-2
9. Utility Bill in the name of the owners with the proposed registered office address – not older than 2 months – gas/electricity/telephone bills
10. Document showing ownership of premises – rent agreement in case company has taken the premises on rent
11. NOC from owners that they have no objection for use of premises as registered office of company

Point no. 5, 6 and 7 is required only if the Subscribers don’t have a DIN.

In case the subscriber is a body corporate, details regarding

1. CIN or other registration number
2. Name, address of registered office and email id of Body Corporate
3. Certified copy of the resolution for authorization to subscribe to the MoA and AoA, to subscribe to shares in the proposed company, number of shares to be taken up and the name, address and designation of the person authorise to subscribe to the MoA
4. Other particulars of the subscribers should be in respect of the person who is authorised to subscribe on behalf of the Body Corporate
5. In case of foreign body corporate, the certified copy of the certificate of incorporation of the foreign body corporate and the document stating the registered office address is required to be attached.

Other details required:

1. Proposed capital structure – Authorised, subscribed and paid-up capital
2. Main objects of the Company
3. Details of subscribers:
4. Place of Birth – District & State
5. Occupation
6. Educational Qualification
7. Duration of stay at present address
8. Number of shares subscribed
9. If already a director or promoter in other companies, CIN of such companies

Attestation of foreign documents

Where subscriber to the memorandum is a foreign national residing outside India-

(a) in a country in any part of the Commonwealth, his signatures and address on the memorandum and articles of association and proof of identity shall be notarized by a Notary (Public) in that part of the Commonwealth.

(b) in a country which is a party to the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of association and proof of identity shall be notarized before the Notary (Public) of the country of his origin and be duly apostilled in accordance with the said Hague Convention.

(c) in a country outside the Commonwealth and which is not a party to the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of association and proof of identity, shall be notarized before the Notary (Public) of such country and the certificate of the Notary (Public) shall be authenticated by a Diplomatic or Consular Officer empowered in this behalf under section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (40 of 1948) or, where there is no such officer by any of the officials mentioned in section 6 of the Commissioners of Oaths Act, 1889 (52 and 53 Vic.C.10), or in any Act amending the same;

However, if the foreign national visited India for the purpose of incorporation, then he should hold a valid business visa.