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Important Public Notice issued by Ministry of Corporate Affairs

This is in continuation of the Public Notice No. MCA21/28/2014-eGov dated 28th March, 2014 informing stakeholders of the availability of the new E- Forms prescribed under the Companies Act, 2013 from 14th April, 2014. After a careful review MCA has has decided that there could be a single phase roll-out instead of the earlier notified staggered roll out for convenience of all concerned. Accordingly, all E-Forms will be available for upload with effect from 28th April, 2014 instead of 14th April, 2014.

The Official Public Notice can be found here

Updated as on 16th April, 2014.

303 thoughts on “Commonly asked questions/FAQ’s on Company Formation Procedure in India

  1. An Indian Subsidiary has been incorporated on 1st November, 2013, thereafter till date Subscription amount haven’t been received.
    What is the time limit for receiving Subscription money???

    • The Companies Act has not provided time limit for deposit of share application money. But as per the definition of Private and public limited company, the minimum paid up capital shall be Rs. 1 lakh and Rs. 5 lakh, therefore it has to be brought before the end of 1st financial year. Otherwise it will be default. In your case if the Company was incorporated on 01.11.2013, the body corporate should has to remit subscription money on or before 31.03.2014.

  2. Dear Madam,
    your bolg is very useful
    I am verymuch thankful to you for this,

    Madam can you keep download link on your Blog, of forms releted to Fac. Act, / formats / list of lisioning releted to I/R & other usefull information in PDF File. It will be also very helpful to all.
    Thanks,
    Anil

  3. Thanks for the information. I have a query regarding the registered office address. The registered office is on my mother’s name who is not a director in the company. In case I wind up the company, will the house be safe?

  4. Mam , I have filed form 5 to increase the authorised share capital of a private limited company .In filing the form i have entered date of passing ordinary resolution 20-03-2013 instead of 20-03-2014 and due to this I have paid extra fees of around 10000 . Is refund possible in this case ????
    My all other details and attachments are correct ……

    • If Form 5 is not yet approved, then I would advise you to visit nearest Registered office of the company with explanation in writing. Also you can lodge a complaint on MCA 21. ROC will raise query if the date on Form 5 showing 20.03.2013 but the attachment shows 20.03.2014 and ask you to re submit the form. Regarding refund, once you raise query on MCA 21, you will get proper answer.

  5. MADAM, FIRST OF ALL THANKS FOR YOUR VALUABLE ARTICLE.

    MAM, WE ARE SETTING UP PVT LTD COMPANY WITH TWO DIRECTORS (1 INDIAN AND 1 FROM UKRAIN) INITIAL CAPITAL 100000 (70000 FROM Ukrain partner and 30000 from indian ) madam as we are estimating our expenditures ..they are much ( like we have to pay 200000 p.m. as rent and other 100000 p.m. other exp. , initial furniture would cost to rs 200000 )
    so how all funding will be done by ukrain partner.. Is der any legal rule under any law. will any permission be required for this? how he will deposit take in money in company bank account from ukrain?

    • Whether the permission from Reserve Bank India will be required or not is depending upon the nature of business of an Indian company.
      The Ukrain shareholder will remit amount via wire transfer to company’s bank account.

      • Madam, Thanks for your reply , pls advise how we may find that what nature is required RBI approval or not..

        And our nature of business is consultation services in relation to move to Ukrain from India for study Purpose and vice versa

        • The nature of business is consultation services in relation to training and study, it will fall under automatic route and no prior approval of RBI shall be required if there is any foreign investment in the company. There are two routes available one is automatic and other is approval route. Please refer FDI policy to know the sector wise information.

  6. First of all thanks for your blog, it is really informative ..

    We have started a private limited company ( date of incorporation is on : 08/12/2010) having 3 directors and we filed the company documents from 08/12/2010 to 31/3/2012 four months before… and we could not file the documents of the financial year 01/04/2012 – 31/03/2013 till now ( auditing process is going on)…

    Mam, could you please tell me , is last day of filing the documents without penalty is over or not? If it is over when was the last date? and how much penalty we need to pay?

    One more thing, please advise when will file the current financial year (01/04/2013 to 31/03/2014) documents without penalty?

  7. Mam, I am very new and confused. what is first requirement to start a company. Can i do it by myself. first it require a rental agreement or DIN

  8. Madam,
    Thanks for your informative blog. I want to clarify:
    In public limited Company which is having less than 5 crores Capital, a Company Secretary is appointed.( Though it was not compulsory). Form 32 is also not filed. My Question is in what Capacity or authority, the appointed CS can sign documents or do any other Acts

    Or I should say his area of work.

    Thanks & Regds
    Naresh

  9. Madam,

    Two doubts.

    1) I like to start Pvt Ltd company with my brother. I am working abroad (Qatar) and brother doing business in Kerala. Do i need to get any consulate approval for any documents. We both have PAN Card.

    2) We plan to do fresh products trade like fruits and vegetables all items exempted from Tax. Do we need submit return and need to pay anything or need to keep any records of transaction and payments.

    • If you would like to be director of proposed company, you should apply for Director Identification number. For this you have to obtain attestation on identity proof and address proof, affidavit from an Indian Consulate, Foreign public notary since you are residing outside India.

  10. Thanks for the great blog Meenal. Encouraged me to think about starting my own venture. Will take your services if decide to setup my own business.

    If I start a company with my mother as another director, how much i have to pay annually if the company doesn’t do any work for some time, lets say, a couple of years.

    • Thanks for the comments. Even though the company is not active for some years, you will have to file annual return and balance sheet for the end of financial year with ROC. The amount of ROC fees would depend upon the amount of authorised capital.

  11. Dear Madem,

    how can i change my email address @ ROC??. i want to change email address given at the time of registration.

  12. A pvt. ltd. company name was obtained metioning 4 proposed subscribers. 2 of them are Indian citizens living in India and the other two are Indian citizens living in 2 different continents and holding OCI.

    Ques: 1. Can i form the private co. with only the resident Indians as the subscribers and directors. Later on the other two can be appointed as directors since obtaining signed Memo Articles from all of them on the same page can be very time consuming.

    Ques 2: What RBI regulations and guidelines are there to issue shares to foreign Directors.

  13. As private LTD company can have minimum two directors. Do they have same powers or can we give one director more authorities than other?

    • yes normally the directors have same powers as specified in the Companies Act 1956. But the company can determine the powers of directors based upon work experience, time and efforts involved in daily operation in the business of the company.

  14. I am looking for buying an existing Trust. How to get information for the same?
    Can you help?

  15. 1) Procedure for getting Company Name change on MCA ?
    2) After change of name director of company want to add new director & they want to give their share to newly add director ?
    3) Pls send latest MOA/ AOA? Transfer deed Format as per new Co. Act 2013.

    I know little bit that first of all we have to Change company name by passing Reso an Fill Form -18 & then transfer share to newly director by Transfer deeed and Newly director will give cheque to Old Directors.

  16. Hello Madam,

    I’m Mahesh from Bangalore. Me along with my friends planning to start a business. We have decided to start a Cloth business i.e ready made Male/Female dresses. I would like to know the process to start. What all registrations are required for such a setup and what will be the cost for these registrations, how much time will it take for registrations.

    Also, I am working. Please let me know if I can register the shop in my name and start the business. Will there be any issue as I’m working and parellely starting a business, is it legal?

    Thanks,
    Mahesh

  17. Hi, just wanted to know whether someone who is the Managing Director of a private limited company… can he/she take up a job as well elsewhere?

    What about in the case of not for profit company 25?

    • Regarding private limited company, the Company law is not strict about the compliance as per appointment, remuneration of Managing Director is concerned. He can be appointed as employee in any other organisation.

  18. Hallo mam,
    i started formation of private limited Company .
    i got the DIN numbers and dsc.then my agent applied for company name he misspelled the words in name. and that misspelled name got approved.
    we did not started the rest of the process yet.is it possible that we apply for a new name and left the existing? or we have to submit the name change request?

    • Since the name is approved and the name was wrongly spelled while making name application with ROC, you will have to make fresh name application. You cannot change the name while the incorporation process. Either you can make fresh name application or change the name after incorporation of company.

  19. We r making local vodeo’s & audio album and want to register our small production company in himachal what is its procesdure.Kindly help

    • If you would like to register your own business with one person, you can register it as sole proprietorship firm. If it would involve investment from two people, then you have an option to form LLP or Private Limited company. To know more about LLP and Pvt. ltd I would request you to please visit my blog for step by step procedure of formation. If you have more questions please call me.

  20. As a OCI ( foreigner of indian origin) can I and my spouse together open a company and can I register agricultural land in my company’s name,
    Is Tea Estate considered as Agricultural land
    Thanks
    Nisa

  21. Whether OCI (Overseas Citizenship of India) can become Director in Indian pvt ltd company? if yes, can we take DIN No. on Indian resident address? and further to above we can pay salary to OCI (Overseas Citizenship of India) viz.-a-viz proposed director of Indian pvt ltd company?

  22. Dear madam,

    Please clarify. Shall we open pvt ltd company on below mentioned main objectives under one company name,

    1.agriculture development (which terms include s inter Alia land acqisation and development, irregation,crop cultivation, plantation,horticulture,forestry,animal husbandry and alied activities such as dairy,poultry,fishery,aqua culture and floriculture)

    2.industrial devlopment (which terms include inter alia,Argo-processing , mining and quaring utilites (including water ,power and renewable sources of energy), manufacturing ,(includes handicrafts, construction, trade and distribution , transport and services of all kinds)

    3.market linkage development (which terms include ,inter alia provison of inputs for and marketing of out put of agricultural and industrial development activities including facilities for storage ,trading and transport for such inputs and outputs)

    4.Habitat development (which terms include inter alia , purchase ,constuction up graduation ,extension and modification of buildings and infrastructure for residential ,agricultural, co Mercial or industrial purpose).

    I am eager to waiting your replay please do the needful,

    Regards,

    Gopikrishna

  23. HI Meenal,

    We have registered a Company as Partership firm to sell various products under Home and Kitchen, Health and Nutrition, Kids products on various ecommerce sites like eBay, Snapdeal etc. We would like to operate from Home itself and dispatch the orders as soon as we get the orders online. Could you let us know as what all Registrations are required to move further.

    • Since your partnership firm is formed to sell various products, then first of all you will need Shop and Establishment Act Licence ( especially in Maharashtra), PAN CARD of partnership firm, bank account. VAT registration.

  24. Thanks for the helpful blog Madam,

    I have query please clarify, how to transfer shares in between directors in a private ltd Company?

  25. Hello and thanks for your helpful weblog.I’m Kathy from Iran.I want to register an engineering company in Pune as I was student there last three years.I want to com with tourist visa and apply directly from there.But I don’t know what documents they would ask me to offer them and what I need to translate to English language here.Thank you

  26. Hi,
    Its a really useful website. I appreciate your effort put towards answering our queries.
    I have one query about educational institute.
    Say, I want to open up an engineering college.
    Do I need to register it as a firm or Pvt ltd. or any company registration needed at all?

    Kindly provide some insight on this. Thanks in advance

  27. Excellent job done up to date position is highlighted

  28. Hi,
    Thanks for such a informative blog… Actually we, a group of 5-6 friends from IT industry, want to start our own company with our own design and developed software products. Initially we want to run it on partnership basis (start as a part time alongwith our job) and in the long term will go for pvt ltd.
    we have finalised our company and product name and also hv cross checked that there’s no such other company/ product exists. Could you please guide me for the same. I have already gone thru the MCA site and cm to know the steps like to register DIN nd so on…

  29. Dear Madam,

    Please give the detail process of change in Promoter at the time of incorporation of private limited company…

    Avinash

    • If there is any change in promoters at the time of incorporation of the private limited company, while filing e-form 1 (incorporation document) please submit No objection certificate from the existing promoters.

  30. Hi Meenal,

    First of all great blog, very helpfull.

    1)I want to know if there is a process to get registration details of a partnership firm? If yes, can you please mention the process.

    2) Is it mandatory to register the partnership firm?

    3) If the firm has TIN/VAT/CST no what details can be obtained from that number?

    Thanks in advance.

  31. respected mam,
    i want to start import and sell goods but i dont know what are the exect legal permission i must have to take from our great country,i have read from articles first i have to make a company,yeah i want as private ltd and thn apply for iec{import export certificate}.ok
    but is this neccesery to have a head office registered and can i operate this from home,coz this company will be small n the business too,second thing is that what are the rules to follow for price index

  32. Respected Mam,
    I am Doctor of Ayurveda i have completed MBA in marketing and HR Management,I want to start small business wich is related with dealing of Raw Herbal drug.I want to start my own i am ready for.Starting this business.I want to know details in forming firm or what ever.At this moment of life what should i do should i take proprietorship or should form company.Now i dont know the future of all but i want to make base by which i will be deal in correct way in herbal import export and herbal trade.So what will be better for me in coming yrs i also want to do diff things in under one compny name so what will be better for me.

    Regards

    Dr.Abhijit

  33. Dear Madam,
    I and my friend are planning to start a software development company and are in doubt to what to stat with as we will be working our from home and at moment wont pe possible to setup a office
    1. should we start with properitory firm and then as we go change to a company.
    2. what are the tax liability difference between a comapny and a propritory firm.
    3. in case of any problem what will be the liability on the owner of the firm.

    • 1. You can start proprietorship firm and then convert into Private limited company.
      2. The tax liability is different in both the cases. It is as per slab rates mentioned by the Income tax department in case of Proprietorship firm and in case of company it is 30%. The proprietor shall be liable for tax and in case of company, the company shall pay tax.
      3. In case of any problem, the owner will be sole responsible for the liability.

      • Hi thanks for your replay ,

        have followup questions with regards to the law and contract .
        where can i read the laws and rules reguarding the propritory firm,

        and i can implement different set of rules and laws for different types of projects.

        also how can we limit the liabiality on the company and the owner.

        also is it possible to set contract terms to such as the ‘in case of any problems and discripencies the liabiality is limited to the amount paid to the company.’

  34. Hi great blog and information but have following questions.

    i and my friend are planning to start a software development company currently we only 2 of are there and we plan to work from home only and take projects online or through reference.

    what step should we follow and many details mentioned are for small bussiness with ffew employee.

  35. Dear madam first of all let me thank you and appreciate you for all the information that you are providing for a young entreprenuers like me, may god give you all the strength. coming to me dear madam i am basically from Bangalore, karnataka presently i am doing a honey business that is i procure honey from the wholesalers of different parts of karnataka and repack them and selling it to my known people (family and friends) i would now like to establish it in a bigger way along with my friend with my own brand what are formalities that i need to undergo for this please help me through my email

    • Thanks for your comment.
      If you would like to register trading in honey business on your own, you can register proprietorship firm initially. Later on you can convert it into the Private Limited company.

  36. i HAD GET THE NAME APPROVAL ON 23/10/2013 ,WHETHER COMPANY SHOULD BE INCORPORATED COMPULSORY BEFORE 22/12/2013 (I,E SIXTY DAYS FROM NAME APPROVAL) OR WE CAN SEND FORM 1,18, &32 BEFORE 22/12/2013 IT ENHALF ,SUPPOSE ROC ASK ANY QURIES MEANS AFTER 22/12/2013 WE CAN ABLE TO RESUBMIT THE FORMS 1,18 & 32 .

  37. Mam,

    I have registered a pvt. company, a software company doing only a offshore development. What are licenses need to take ? Give some guidance

  38. hi,
    We want to form an e-commerce company in delhi,
    which will sell goods in delhi ncr(3 states delhi,Up & haryana) please let us know the procedure to form a company whic can sell goods in all states.

  39. This blog is very informative and helpful for anyone looking to start a business. I appreciate your help.

    I am starting a business (sole proprietorship firm) of healthy meal salads in Mumbai and have some questions about it. The distribution model is like this: I serve my products in corporate office canteens. They (office) provide me with a little space in their canteen where I put up a stall for a day or just for few hours during lunch and sell my products to their employees. Since, making salads only involves chopping and mixing, I do not require a central kitchen or a space to prepare. And so I use the space at their office canteen. There is no contract signed with them since it’s not an everyday affair.

    1. Do I need to have a physical office space in order to register the company? Or is it possible to only have a virtual presence through a website? I am currently operating from home and do not require an office at this stage.

    2. Can I apply for a shops and establishment license without a permanent physical business address?

    3. I am creating a website soon. If I want to take orders through a website, and supply meal salad to people, what kind of registration and licenses are required?

    Would love to know your thoughts and opinions about this. Thanks!

    • 1. You will need a physical office space. It is possible to have a virtual office.
      2. Without having physical business address, you cannot apply for Shop and Establishment licence.
      3.You shall need to apply for VAT.

  40. I want to start my own design firm in Pune which will provide Product and Communication design services to other companies or individuals as per their requirement.
    I have not hired any one and don’t have a office as i can provide design service from my home and for other requirements I normally outsource it to other people.I also want to take up projects in states outside Maharashtra .

    Do I need to have a partner for registering my company? Do I need a shop act license or any other registration? What is the process of getting a TIN or DIN number? Do i need to have a office or I can work from home and then later rent a office?

    • For registration of Private limited company needs minimum two directors and shareholders. After registration, you will need shop act licence, PAN TAN. You can work from home and rent a office later.

  41. hello Minal ,

    its really wonderful to see people like you helping out those who are struggling to start new ventures . I am verymuch thankful to you for this ,your blog /replies are really helpful . please keep doing this .

    i hope you wont mind to answer my queries .
    1 . can you please convey me documents/procedure for proprietry frm reg in grampanchayat area in maharashtra .
    2 .as I understood ,shop act license is not required for grampanchyat limits . do you have any format ready with you for taking permission from gram panchyayat (NOC).
    3 . as my nature of bussiness is wholesale dealing in grains ,pulses,oil seeds (so far no formal license has been opted ) . along with this now I am planning to start agri processing of grains/oil seeds. does this require addtional licneses/permits from FDA ?
    so in brief i want to register as :
    - wholesale dealer of grains,pulses,oil seeds AND
    - agro processors
    could you please brief me in detail procedure and documents required for my needs above ?

    thanks
    vinay shinde

    • In Maharashtra for establishment of any business you need to make application for shop act, if the place of business is situated outside the corporation limits, then shop act registration is not necessary. You will have to check what documents are needed for getting certificate from Gram Panchayat. I would also advise you to visit nearest FDA office who will help you to provide you FDA licence.

  42. One of my client invested Rs.5 lakh in indian company out of Rs.5 lakh Rs.3 lakh transfered from NRO account. The Resdential status of investor was NRI. is this investment treated as FDI? Is my client has to follow all the FEMA guildlines?

  43. Hi madam,

    We would like to open our pvt ltd company in Bangalore, we offering services in Modular furniture’s and Interiors to office and home. Weather I can able to create both company’s by single name. I mean furniture & Interior.

    • Yes, you can make one application for name of Private Limited for doing business in modular furniture and interior to office and home.

  44. Dear Madam,
    Iam planning to start a small restaurant. Its going to be a Propretiary concern. Should it still be registered as a company? Could you please guide the procedure.

    Many thanks.

  45. Hello Meenal,
    I would like to start up an Electronic retail store and I was wondering if could help me out with the procedure involved starting from the paper works, registration, laws and regulations for the firm. It will be a great help if you can provide me the above information. thank you :)

  46. Hi….thanks for such an informative blog…wanted to ask whether a person who already has a DIN & now wants to incorporate a new pvt. ltd Company…. so can he proceed with name availability application without applying for fresh DIN and without the DIN of other proposed director. In other words can 1 person with an already existing DIN can alone apply for name availability application?

    • A person having approved DIN can proceed with name application without applying for fresh DIN. But for registration process, minimum two DIN of individuals are required. One person cannot alone apply for name availability application.

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