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Process of Incorporation of private limited company in India

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Process of Incorporation of private limited company in India

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Incorporating a private limited company in India involves several steps and legal procedures. Here's a general overview of the process:

 

1. Obtain Digital Signature Certificate (DSC): The first step is to obtain a DSC for all proposed directors and shareholders of the company. DSC is required to digitally sign the electronic documents during the registration process.

 

2. Obtain Director Identification Number (DIN): Each proposed director must obtain a DIN from the Ministry of Corporate Affairs (MCA). It can be obtained by submitting an online application along with the required documents.

 

3. Name Reservation: Choose a unique name for the company and apply for name reservation with the MCA. The name should adhere to the naming guidelines and should not be similar to an existing company or trademark.

 

4. Prepare and File Incorporation Documents: Once the name is approved, prepare the incorporation documents including the Memorandum of Association (MOA) and Articles of Association (AOA). These documents outline the company's objectives, rules, and regulations.

 

5. File Incorporation Forms: File the required incorporation forms, such as SPICe (Simplified Proforma for Incorporating Company Electronically) with the Registrar of Companies (RoC) along with the necessary documents. The forms should include details of directors, shareholders, registered office address, and other relevant information.

 

6. Pay Stamp Duty and Registration Fees: Stamp duty and registration fees need to be paid online based on the authorized capital of the company.

 

7. Obtain Certificate of Incorporation (COI), PAN, TAN, EPFO, ESIC: If all the documents are in order, the RoC will review the application and issue a Certificate of Incorporation (CoI). The CoI signifies the official existence of the company.

 

8.Open a Bank Account: Open a bank account in the name of the company and deposit the minimum required capital as mentioned in the MOA.

 

9. Register for Goods and Services Tax (GST): If applicable, register for GST with the Goods and Services Tax Network (GSTN) and obtain a GSTIN.

 

10. Automatic Registration for Employees' State Insurance Corporation (ESIC) and Employees' Provident Fund Organization (EPFO): If the company has employees, register with ESIC and EPFO for social security benefits and provident fund contributions.

 

It is important to note that the process may vary depending on the specific circumstances and changes in government regulations. It is advisable to consult a professional, such as a company secretary or chartered accountant, to ensure compliance with all the legal requirements and to navigate the process smoothly.