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All -in -one Form INC-29 for registration/ Certificate of Incorporation of new company


The Ministry of Corporate Affairs (MCA) has introduced Form INC-29, for registration and obtaining  the certificate of incorporation that lessens paperwork to a large extent.  This 8 pages new form is used as an alternate process to do away with the earlier process of filling out several forms separately for allotment of DIN, Name of the company and Certificate of Incorporation.   Filing of form INC-29 is not required where the promoters opted for registering a company by customary method of filing INC-7.

The INC -29 is an integrated eight-page form which calls for various information and documents, some of which needed company secretary’s signature. In case, of any mismatch of details filled in the form INC-29 and with the details given in the supporting documents, the application will be rejected. The resubmission of the application is allowed only once without any fees. In case you are required to submit the same after rectifications,  the third time you will have to pay fees again and claim the refund for earlier rejected the submission. Therefore, it is advisable to take the professional’s help to complete the process in one go.

Digital Signature:

For filing form INC-29, a prospective director of the proposed company is required to have Digital Signature Certificate (DSC) to validate the authenticity and sender’s identity of an electronically transmitted document to MCA. Therefore first step to initiate the process is to register for the digital signature certificates (DSC) by a prospective director of the proposed company if he/she has not registered earlier as a business user. (Click here to know the meaning of digital signature and digital signature certificate and USB token hardware and the process of obtaining them).

The filing of INC-29 requires following attachments.

(1). Letters of appointment of directors of the company.

(2). Memorandum of Association (MOA) and Articles of Association (AOA) of the Company.

(3) Declaration in the prescribed form INC-8

(4) An Affidavit from each of the subscriber to the Memorandum of Association and from persons named as the first directors, if any, in the Article of association in Form No. INC9.

(5). Address Proof of registered office. It is not compulsory, that the registered office of the company should be a commercial space. One of the director’s residence addresses may be provided as the address of the registered office of the company. However, the self- attested copy of sale deed for owned property or rental agreement copy with NOC from the owner of the property to be furnished.

(6). the specimen signature and latest photographs of the promoters and first director (document self- attested) in form No. INC-10.as per rule 16(1)(q) of companies rule 2014.

(7).In the case of an OPC (One Person Company) , it is mandatory to attach the identity proof and address proof of the nominee with a consent letter from the nominee.

(8). If any subscriber to the company does not have a DIN, it is mandatory to attach Proof of identity and residential address of such subscriber.

Once you e-file the form INC-29, you will be directed to pay the fees according to authorized capital of the proposed company and stamp duty through a payment gateway.  However, the stamp duty payable varies according to state in which you are registering the company.

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Disclaimer: This article should not be construed as a professional advice under any circumstance. It is clarified to the readers that the contents provided in this write-up are intended for general information only and cannot be relied upon for real-time professional facts. If any help/clarification is required, readers are advised to refer relevant provisions of law and also to take the advice of the qualified professionals like a Company secretary, Charted Accountant, etc. before applying or accepting any of the points mentioned above. The author or the website accepts no responsibility whatsoever caused by the use of any information provided in this article and shall not be liable for any losses, claims or damages which may arise because of the contents of this post.

 

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