Tuesday, 12 May 2015

Incorporation of Companies in India within 24 hours (E-form INC-29)

MCA releases new Integrated Incorporation Form – INC-29  for filing w.e.f 1st May 2015. 

INC-29 is one Single form for incorporating a company pursuant to sections 4, 7, 12, 152 and 153 of the Companies Act, 2013. Form – INC-29 would take care of three separate processes with this single form namely application for DIN, application for name approval and application for incorporation of companies.

 Resulting in doing away of filing of the following e-forms: 
  • Form DIR-3 (Application for allotment of DIN in case proposed Directors have no DIN)
  • Form INC-1/INC-2 (Application for Reservation of name)
    • Form INC-7 (Application for incorporation of a company other than OPC)
    • Form DIR-12 (Details of Directors)
    • Form INC-22 (Details of registered office) (Optional at the time of incorporation)
This is an endevaour towards saving of time and money. Fee for the form is Rs. 2000/- plus registration fee.

Only one name can be applied for approval in this e-form. Therefore, one is advised to duly check the proposed name and follow name availability guidelines, existing trademarks to avoid rejection.

Application for DIN is permissible upto 3 directors through this INC-29. Personal details in relation to the director or subscriber is not required in case director/subscriber already has DIN. Scanned copy of Memorandum and Articles of Association need to be attached with the form. 

Some features of E-form INC-29
1.       Only is an option and not mandatory;
2.        Required to propose only 1 name;
3.       Simpler process;
4.       Separate Q for this form at RoC back office;
5.       Template Memorandum of Association and Template Articles of Association; Option is available for amending the M&AoA;
6.       Object to incorporate company within 24 hours of applying;
7.       Registration fee of Rs.2k. + other fees depending upon capital of the company.
8.       Will PAN be generated, automaticlly with Form No. INC-29 – Not available.
9.       All attachments/declaration/proof etc. will be required for Form No.29. However, duplication of attachment will be reduced.
10.   In case Directors/Shareholders have DIN, then separate address proof/ID proof will not be asked for.
11.   Re-submission requires onearous process (including change in M&AoA) and hence, one needs to be doubly sure before applying said form.
12.   This form is not meant for Section 8.
13.   Two re-submissions will be permitted.
14.   In case the form is rejected, refund needs to be applied through Refund Form.
15.   This form is not a STP Form and needs to be processed by respective RoC.

16.   Certificate of Commencement of Business will continue.

8 comments:

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