Company Secretary

CHECKLIST FOR INCORPORATION OF A COMPANY WITH FOREIGN SUBSCRIBERS

This Checklist is prepared for getting more clarification about all the documents required and procedure to be followed for the Incorporation of the Company in India. A company can be incorporated in India with Spice Form.

Features of Spice Form

  • Minimum 2 subscribers and Maximum details of subscribers are SEVEN (7). In case of more subscribers, follow the normal incorporation procedure in INC-7. (Please note if the subscribers are Corporates, there should be two different authorized representatives as well)
  • Minimum two and Maximum details of directors are 15.
  • Maximum THREE (3) directors are allowed for filing application of allotment of DIN while incorporating a Company.
  • Person can apply the Name also in this form.

Attachments:

  1. MOA and AOA with subscribers’ sheet. (duly apostle and notarize in case of Foreigners)
  2. INC-9 Declaration by subscribers and directors (duly apostle and notarize in case of Foreigners)
  3. DIR-2 declaration from first Directors along with Copy of Proof of Identity and residential address (duly apostle and notarize in case of Foreigners)
  4. NOC from the owner of the property.
  5. Proof of Office address (Conveyance/ Lease deed/ Rent Agreement etc. along with rent receipts);
  6. Copy of the utility bills (not older than two months) (duly apostle and notarize)
  7. Affidavit from the director non-acceptance of Deposit. (on duly authorized Stamp Papers). (duly apostle and notarize)
  8. In case of subscribers/ Director does not have a DIN, it is mandatory to attach: Proof of identity and residential address of the subscribers
  9. NOC and TM Certificate if the name of the Company is same as registered trademark
  10. Proof of ID and Address proof of Authorized signatory (duly apostle and notarize)
  11. Proof of ID and Address proof of Witness of the Company (duly apostle and notarize)
  12. In case any of the director has any interest in the proposed company, then it is mandatory to attach:

MBP-1 i.e. interest of Directors in other entities.

  1. If any subscriber to the proposed company is Foreign company and/or company incorporated outside India, then it is mandatory to attach:

Copy of certificate of incorporation of the foreign body corporate and resolution passed

  1. If any subscriber to the proposed company is a Company itself, then it is mandatory to attach:

Resolution passed by promoter company

  1. In case the name is similar to any existing company, then it is mandatory to attach:

A certified true copy of No objection certificate by way of board resolution / resolution

Procedure:

  1. Application of DSC of the Directors and Subscribers’ (if necessary) (Two days). We can apply for the DIN of the directors here as it will ease the process

 

  1. Application for availability of name of Company

Reserved name shall be valid for 20 days in case of allotment of name for New Company.

(Within 7 Working days)

  1. Preparation of all sets of Documents and getting it Apostle and Notarize

Incase of Indian Documentation and Notarization, it can be completed within 2 days. Incase of Foreign Documentation, all the sets of documents should be provided to Jilian Foreign team within a day because apostle and notarization takes time over there.

Please note if the Directors and Subscribers are the Resident of India, then all the incorporation form should be filed within a week to MCA as documentation along with notarization can be done within 2 days.

  1. Filing of Spice forms

Preparation of forms and filing to MCA after receiving of all the documents duly apostle and notarize. (Within 2 days if the size is not a problem)

  1. If there will be any objection raised by MCA, they will provide resubmission of documentation for 2 times without any payment of fees.

Company should be incorporated within 10 working days after submitting to MCA, if there is no objection raised by the Government Department.

  1. Opening of Bank Account of the Company
  1. Filing of INC-22 for the situation of registered office of the Company within 30 days after getting approval for the Incorporation of the Company.
  1. Stamping of Share Certificate within 2 months of Incorporation.
  1. Completion of Foreign Direct Investment once the Registered Company gets Foreign Investment.

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