Incorporation Process Under Companies Act 2013 - Step-by-Step

Introduction

The Companies Act 2013 provides a structured and online process for incorporating a company in India. Below is a clear step-by-step explanation of the incorporation process.

• Step 1: Obtain Digital Signature Certificate (DSC)
  

  All proposed directors must obtain a Digital Signature Certificate to sign electronic documents filed on the MCA portal.

• Step 2: Apply for Director Identification Number (DIN)
  

  DIN is a unique identification number required for every individual who wishes to become a director of a company.

• Step 3: Name Reservation (SPICe+ Part A)
  The company name must be reserved by applying through the MCA portal. The proposed name should be unique and compliant with naming guidelines.
• Step 4: Draft Memorandum and Articles of Association
  

  The Memorandum of Association (MOA) defines the company's objectives, while the Articles of Association (AOA) outline internal rules and management structure.

• Step 5: File Incorporation Application (SPICe+ Part B)
  

  The incorporation form is submitted online with details of directors, shareholders, registered office address, and share capital.

• Step 6: PAN and TAN Allotment
  

  Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) are automatically generated upon successful incorporation.

• Step 7: Verification by Registrar of Companies (ROC)
  

  The Registrar examines the submitted documents and information for accuracy and compliance.

• Step 8: Issue of Certificate of Incorporation
  

  Once approved, the Certificate of Incorporation is issued, confirming the company's legal existence.

• Step 9: Opening of Company Bank Account
  

  After incorporation, the company must open a bank account in its registered name.

• Step 10: Post-Incorporation Compliances
  

  The company must appoint its first auditor, issue share certificates, and complete other statutory compliances within prescribed timelines.