Apply for DSC
The first Step is to obtain the Digital Signature Certificate (DSC) of the proposed Director which required the following documents:
Apply for DIN
Once the Digital Signature Certificate (DSC) is made, the next step is to apply for the Director Identification Number (DIN) of the proposed Director in SPICe Form along with the name and the address proof of the director. Form DIR-3 is the option only available for existing companies. It means with effect from January 2018, the applicant need not file Form DIR-3 separately. Now DIN can be applied within SPICe form for up to three directors.
Name approval Application
To obtain the name approval it is necessary to submit an application for name registration to the MCA. The applications are processed by MCA in 24-72 hours. The name suggested should end or include the word OPC.
Once the name is approved by the MCA we move on to the next step.
We have to prepare the following documents which are required to be submitted to the ROC:
a) The Memorandum of Association (MoA) which are the objects to be followed by the Company or stating the business for which the company is going to be incorporated.
b) The Articles of the Association (AoA) which lays down the by-laws on which the company will operate.
c) Since there are only 1 Director and a member, a nominee on behalf of such person has to be appointed because in case he becomes incapacitated or dies and cannot perform his duties the nominee will perform on behalf of the director and take his place. His consent in Form INC – 3 will be taken along with his PAN card and Aadhar Card.
d) Proof of the Registered office of the proposed Company along with the proof of ownership and a NOC from the owner.
e) Declaration and Consent of the proposed Director of Form INC -9 and DIR – 2 resp.
f) A declaration by the professional certifying that all compliances have been made.
Filing of Forms with MCA
All these documents will be attached to SPICe Form, SPICe-MOA and SPICe-AOA along with the DSC of the Director and the professional, and will be uploaded to the MCA site for approval. The Pan Number and TAN is generated automatically at the time of incorporation of the Company. There is no need to file separate applications for obtaining PAN Number and TAN.
Issue of Certificate of Incorporation
The Registrar of Companies (ROC) approves filing for incorporation. In case of discrepancies, the application can be resubmitted.
Once the Incorporation Certificate is obtained the OPC would initiate the process for bank account opening. Post incorporation the director is required to deposit the paid-up capital he has mentioned in the MOA.
After the equity capital is infused in the current bank account, the company can file for commencement of business certificate with the MCA. The Business commencement certificate must be obtained within 180 days of incorporation to avoid penalty.
In case during the process of incorporation, if the notice of situation related to the office is not filed, it must be filed after incorporation but within 30 days. Here's the document required for filling INC 22 are :
i Lease Deed or rent agreement with the rent receipts
ii Copies of utility bills as mentioned above but should not be older than 2 months
iii A proof that the company is allowed to use the address as the registered office of the Company.