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.
- MOA and AOA with subscribers’ sheet. (duly apostle and notarize in case of Foreigners)
- INC-9 Declaration by subscribers and directors (duly apostle and notarize in case of Foreigners)
- DIR-2 declaration from first Directors along with Copy of Proof of Identity and residential address (duly apostle and notarize in case of Foreigners)
- NOC from the owner of the property.
- Proof of Office address (Conveyance/ Lease deed/ Rent Agreement etc. along with rent receipts);
- Copy of the utility bills (not older than two months) (duly apostle and notarize)
- Affidavit from the director non-acceptance of Deposit. (on duly authorized Stamp Papers). (duly apostle and notarize)
- In case of subscribers/ Director does not have a DIN, it is mandatory to attach: Proof of identity and residential address of the subscribers
- NOC and TM Certificate if the name of the Company is same as registered trademark
- Proof of ID and Address proof of Authorized signatory (duly apostle and notarize)
- Proof of ID and Address proof of Witness of the Company (duly apostle and notarize)
- 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.
- 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
- If any subscriber to the proposed company is a Company itself, then it is mandatory to attach:
Resolution passed by promoter company
- 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
- 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
- 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)
- 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.
- 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)
- 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.
- Opening of Bank Account of the Company
- 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.
- Stamping of Share Certificate within 2 months of Incorporation.
- Completion of Foreign Direct Investment once the Registered Company gets Foreign Investment.
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