New Simplified Process of Incorporation of Company in India

New Simplified Process of Incorporation of Company in India

Applicable Sections governing INC-29 : 4, 7, 12, 152 and 153 of the Companies Act, 2013 along with relevant rules

The Government of India has notified on 1st May 2015, a new system of incorporation of Private or Public limited company. It has introduced easy method of incorporating a company without waiting for making name application for reservation of name by the Registrar of Companies (RoC). It is possible now by filing e-form INC-29 (single form) with the Registrar of Companies, within whose jurisdiction the registered office of the company is proposed to be situated.

In this article, i would like to mention only the Key Points and the attachments to forms for this new system and not the complete procedure.  Reader comments are most welcome as always!!

Key points of new form INC-29

  1. No need to apply for DIN of 2’nd director
  2. Particulars of maximum three directors can be filed.
  3. No need to apply for name application (filing of INC-1) separately
  4. The promoter or applicant can propose only one name hence name search of proposed name shall be taken very carefully on MCA site and trade mark site, to avoid rejection or re-submission of e-form. Only one chance will be given for re- submission of form.
  5. No need to file forms 7 (incorporation), DIR-12 (appointment of first directors of proposed company) and INC-22 situation of registered office of company.
  6. In case Directors/Shareholders have DIN, then no need to attach separate address proof/ID proof.
  7. Registration fees Rupees 2000 with additional fees depending upon the capital of the company.
  1. The Promoter or applicant may prepare Memorandum of Association (MoA) as per template in Form 30 and Articles of Association (AoA) as per template in form 31.
  2. All attachments/declaration/proof will be required for Form No.29.
  3. Two re-submissions will be permitted. The Registrar of Companies shall give intimation to the applicant to remove the defects and resubmit the form within 15 days from the date of intimation by Registrar of Companies.
  4. Re-submission requires changes in affidavit or declaration including MoA/AoA, hence applicant or promoter should take utmost care.
  5. The form shall be scrutinized by the Registrar of Companies and will not be approved through Straight Through Process (i.e. STP).
  6. The facility to file INC-29 is optional. One can follow the procedure of application for DIN, DSC, name application (INC-1) and INC-7, DIR-12 and INC-22.
  7. The Certificate of incorporation shall be issued in INC-11.
  8. Facility for using ‘integrated form’ is not available for incorporating Section 8 companies.

Attachments to e-form INC-29

  1. Memorandum of Association
  1. Articles of Association
  1. Affidavit and declaration by first subscriber(s) and director(s)
  1. Proof of office address
  1. Copies of utility bills that are not older than two months.
  1. Approval of the owner of the trademark or the applicant of such trademark for registration of Trademark (If the proposed name is based on a registered trademark or is subject matter of an application pending for registration under the Trade Marks Act)
  1. Proof of relation of the relative with promoter (If the name of the proposed company includes the name of relative(s) of the promoter)
  1. NOC from the sole proprietor/ partners/other associates/ existing company (If the promoters are carrying on any Partnership firm, sole proprietary or unregistered entity in the name as applied for)
  1. NOC from any other person (In case the proposed name contains name of any person other than the promoter(s) or their close blood relative(s)
  1. Copy of certificate of incorporation of the foreign body corporate and resolution passed (If any subscriber to the proposed company is Foreign company and/or company incorporated outside India)  Note: It is optional to attach Copy of certificate of incorporation, in case the subscriber to the proposed company is a Body Corporate.
  1. Resolution passed by promoter of company if any subscriber to the proposed company is a Company itself.
  1. A certified true copy of No objection certificate by way of board resolution (In case the name is similar to any existing company, then it is mandatory to attach)
  1. Interest of first director(s) in entities (In case any of the director has any interest in the proposed company)

In case of an OPC, it is mandatory to attach following:

  1. Consent of nominee
  1. Proof of identity and residential address of the nominee
  1. Proof of identity and residential address of the subscribers if any one of the subscriber does not have a DIN
  1. Proof of identity and residential address of such director if any one of the director (including subscriber cum director) does not have DIN, then it is mandatory to attach proof of ID and address proof of such director.


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The information / articles & any replies to the comments on this blog are provided purely for informational and educational purposes only & are purely based on my understanding / knowledge. They do not constitute legal advice or legal opinions. The information / articles & any replies to the comments are intended but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as a legal advice or an indication of future results. Therefore, I can not take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented on this blog. You are advised not to act or rely on any information/article contained without first seeking the advice of a Practicing Professional.

66 thoughts on “New Simplified Process of Incorporation of Company in India

  1. Dear madam

    I have registered my company 15 days back now I am going to file a ADT-1 form for appointment of auditor. Kindly tell the period of account for which first auditor has been appointed.

  2. A very well written article Maám . Congratulations . Clears all doubts . Keep on writing and educating the uninitiated ones like me . Sincere Thanks again and warm wishes.

  3. Hi mam, I have reserved a Name with INC – 1, but now i want to form a company by filling INC – 29 instead of long procedure. Is it possible to file INC -29 after name reservation?

    • You cannot file INC-29 with the same name which is approved by ROC after filing INC-1. You will have to use the SRN of INC-1 for INC-7, DIR-12 and INC-22.
      Otherwise you will have to wait till expiry of 60 days from the date of name application, because the name is reserved for 60 days for incorporation purpose.

  4. Mam, We already had submitted and get approval of form INC-1, and we initiated the process for Incorporation but due to some defects our application has been rejected and also we had lapsed the time period for re submission so the ROC instructed to file fresh.
    is it possible for us to do fresh filing in INC -29??

  5. MAM
    What should be total file size of Form INC29 including attachments and digital signature.

  6. I want to open a pvt ltd. company with my brother. What will be the procedure as nature of business will be to distribution of medicines in the market. What is the minimum capital investment and total investment to open a pvt ltd company

  7. One of my friend wanted to start a PVT ltd firm for IT business in Bangalore along with his Indian partner. wanted to know what documents he is supposed to provide, if it has to be apostled what needs to be apostled.

  8. PLEASE SUGGEST HOW TO FILL DIR-3 for NRI
    (4) NATIONALITY: Indian
    (5) WHETER RESIDENT OF INDIA : No
    (10) PAN CARD: will enter number and verify
    (12) PASSPORT NUMBER: Will enter my Indian Passport Number ( address listed as USA address, not Indian address)
    (13) DRIVERS LICENSE: will enter USA driver license number which has my current USA address
    (15) PERMANENT ADDRESS: Should i enter my USA Address or INDIA address?
    (17) PRESENT ADDRESS: Will enter my current USA Address

    ATTACHMENTS:
    PROOF OF IDENTITY: PAN CARD ( Notarized by Public notary in USA)
    PROOF of ADDRESS: Indian Passport with USA ADDRESS (Notarized by public notary in USA)
    OPTIONAL ATTACHMENTS: USA Drivers LICENSE with usa address ( Notarized by public notary)

    Please suggest if this correct or should i change anything.

  9. I am planning to start a private limited company after 1 year.
    My question is
    Can I reserve my company name and trademark now and do the remaining formalities later after 1 year?
    Also, If yes then what is the process?

    Thanks

  10. Dear madam
    How can i incorporate a company if there is no surname of Director.In INC-29 Surname is mandatory.

  11. Can a private limited company or a section 8 company take sponsorship money from outside

  12. Hi Meenal,
    I am very excited to find your blog though I found it very very late.My question may sound a bit silly but to me its not 🙂
    I plan to get shop act. registration for my sole proprietorship (which is going to be an online market place)in Bangalore and I require rubber stamp for that.What should be the format of the rubber stamp?

  13. Thank you very much for such an informative article.
    I have a question. If the name applied through INC-29 does not get approved in the first attempt, how many re-submissions will be allowed (1 or 2) ? As in point 4 in the article it is mentioned that the applicant has to be careful while deciding on a name as only one chance will be given for re-submission. However, point 10 mentions 2 re-submissions. Thank you

  14. as per the defination of Small Company and new Company registering as Private LImited keeping its authorized capital below 50 lakhs will be registered as small company right?

  15. I am staying in a rented apartment and have an rent agreement(residential) and an utility bill of the landlord, to whom I have informed of registering a company on this address. Landlord is not willing to provide NOC as it is residential premise.
    Now is it possible to register a company without the NOC for address proof

  16. Excellent blog madam.. Thank you very much mam.. it helped me a lot..

  17. Respected Mam,
    1) after incorporate opc I have to file ADT-1 for appointment of auditor?
    2) can now after amendment rules while incorporation small company can I use phrase @, # $ character?

  18. Thanks a lot Maam for sharing such knowledge with us.

  19. New company registered on 30 March 2015,
    Please tell what is applicable financial year.

  20. Thanks a lot mam for sharing your knowledge with us. I am Ca final student and waiting for the tag of CA. In my firm i got the work to incorporate a company process and immediately i got your article. It is very useful for me…Thanks a lot again and hope we will get updated knowledge from you in fututre also..

  21. if I would like a small company which just providing services and solutions of software , web designing and all other work then what documents required for it !

    and yes can I wrote private limited without registration into Government offices !

    kindly help me

    thank you

  22. Hi,

    What is the process to convert a partnership firm into a pvt. ltd?

    Thanks, Krishna

  23. Plz tell me mam how many Rs, I have to pay for share capital of Rs 200000 in pvt. ltd company

  24. Thanks for such an informative article. 🙂

  25. Hello Madam,
    Blog is very informative. currently i and my friends are doing car rental business in pune, but it is not registered anywhere. This is very small scale business, but we are planning to register it . so which registration is require for the same like proprietor ship, one person PVT LTD, or PVT LTD. I am confuse. Please guide us. and tell me the cost for the same.

  26. Respected Mam

    Please inform how many forms are to be filled by a Private Limited Company after incorporation with special reference to the following:
    * Appointment of Auditors
    * Any declaration to be given by Directors regarding their shareholdings etc
    * Declaration for subscription of Paid up capital
    * Other Matter, if any.
    Thanks
    CA N C Goel

    • After incorporation, the company shall be required to file e-form ADT-1 for appointment of auditor. There is no requirement to file declaration for subscription of paid up capital because the Government has omitted the provision.

  27. Hi,
    This is very informative.But my question is that the above procedure is also applicable for SPV formation? or some other else.

  28. Very Informative Blog.Please remember the telephonic discussion i had with you.

    What are the documents to be attached for INC 29 registration??

    Are the documents to be self attested or notarized ??

  29. Thank you for such a wonderful note on INC-29. I am a student of CS and a lawyer and this information really helped me in my firm’s incorporation.
    Thank you very much.

  30. Respected Ma’am,
    I had filed INC 29 for incorporation of a new private limited company which requires re-submission with following changes:
    1. “Definition of Private Limited is required”

    I want to know where i need to put this definition?

  31. Mam,
    we already submitted and get approval of Form.INC 1,
    now we want submit Form INC.29
    is it posible ?

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