We Provide all assistance to our clients in the matter of registration of their firms or companies including the drafting of Deed of Partnership, Memorandum and Articles of Association of the company and registration of the same before appropriate authorities. We also provide services to our clients in the matter of revival of defunct companies and in other liquidation/winding up proceedings.

Formation procedure (private limited company)

The law under which a Company is incorporated in India is the Indian Companies Act, 1956, which extends to the whole of India.

Detailed below are the steps to incorporate a private limited company in India:

1. Select, in order of preference, a few suitable names, not less than four, each of which should indicate as far as possible the main object of the proposed company.
2. Out of the four proposed names, one name will be the main name, and other three are to be mentioned in order of preference.
3. Avoid names, which resemble too closely or are the same, as the names of any other company already registered, and avoid names with the words “stock Exchange” as part of the names.
4. Apply to the Registrar of Companies to ascertain which of the names selected by you is available.
5. An application in Form No.1A is to be submitted to the Registrar of Companies in this regard, and a fee of Rs………(amount) is payable with each application.
6. See that one of the promoters is also a subscriber to the memorandum and articles of association of the proposed Company.
7. Pay the fee for the application for availability of name (Form 1A) in cash to the Registrar of Companies.
8. The Registrar of Companies will ordinarily inform you within a period of seven to fourteen days from the submission of your application, whether any of the names applied for is available.
9. If, none of the names is available, you will have to apply again, selecting fresh names, along with required application fee.
10. Get the memorandum and articles of association suitable for a private limited company drafted.
11. Get both the memorandum and articles of association stamped as per the Indian Stamp Act, o the relevant State Act and the notifications there under in force in your State
12. Get both the memorandum and articles of association signed by at least two subscribers, each of whom will also write in his own hand, his father’s name, occupation, address and the number of shares subscribed for.
13. There will be at least one witness to these signatures, as mentioned above who will sign and write in his own hand, his father’s name, occupation and address.
14. Their agents duly authorized by power of attorney may sign the aforesaid two documents on behalf of the subscribers.
15. Both the documents will then be dated.
16. See that the date given on these documents is any date after the date of stamping of them and not before that date.
17. Get the following forms duly filled up and signed:

• Declaration of compliance in Form No.1 by an advocate of the Supreme Court or of a High Court, an attorney or a pleader entitled to appear before a High Court or a Secretary or a Chartered Accountant in whole-time practice in India who is engaged in the formation of company, or by a person named in the articles as a director, manager or secretary of the company that all the requirements of the companies Act, 1956 and the rules there under have been complied with in respect of registration and matters precedent and incidental thereto.
• Notice of the situation of the registered office of the company in Form No.18.
• Particulars of directors, manager or secretary in Form No.32 I duplicate.
• Declaration in favor of one of the subscribers to the Memorandum of Association or any other person authorizing him to file the documents and papers for registration and to make necessary corrections, if any.  This should be executed on non-judicial stamp paper of the requisite value.

(Forms stated in sub-items (ii) and (iii), though required to be filed within 30 days of the incorporation of the company, are generally filed together with the memorandum and articles of association.)

1. File the following with the Registrar of Companies within six months from the date of availability of name with necessary registration and filing fees. Minimum registration fee is Rs……..(amount) and the maximum is Rs………(amount) lakhs:-
   • The stamped and signed copy of the memorandum and articles of association;
   • The forms mentioned in item 17 above;
   • Any other Agreement, if referred to in memorandum and articles of association, as in that case, it will form a part of the Memorandum and Articles;
   • Any Agreement which the company to be incorporated proposes to enter into with any individual for appointment as its managing or whole-time director or manager;
   • Original copy of the Registrar of Companies’ letter intimating about the availability of name.
2. Pay the registration and filing fee by way of cash or demand draft or treasury challan for registration of the memorandum of association and for filing of the articles of association and forms mentioned in item 17, depending on the authorized share capital of the proposed Company.
3. If, paid by way of demand draft, then draw the demand in favor of either the concerned Registrar of Companies of the State or Union Territory or Pay and Accounts Officer, Department of Company Affairs, New Delhi, or Mumbai, or Chennai, as the case may be.
4. If, paid by way of treasury challan, then obtain three copies of treasury challan from the specified branches of the appropriate bank, fill up the details, and deposit along with the fee in cash to the said branch of the bank.
5. The description of the head of account of the treasury challan should be as prescribed under Rule 22(1) of the Companies (Central Government’s) General Rules and Forms, 1956 and as amended up-to-date.
6. Two copies of the challans will be given to the depositor one of which should be sent to the Registrar of Companies along with the forms and documents mentioned in item 17.
7. The Registrar of Companies will then scrutinize the documents and papers filed for registration and, if necessary, on intimation, the authorized person will make necessary correction to them under his initials.
8. The Registrar of Companies will then register the Company and issue the certificate of incorporation.
9. The date given by the Registrar of Companies on the certificate of incorporation will be the date of incorporation of the Company and on that date, the Company will come into being as a separate legal entity.
10. The private limited company, so registered can commence business and exercise borrowing powers immediately after obtaining the certificate of incorporation from the Registrar of Companies.