Incorporating A Private Limited
Incorporating a business means turning your sole proprietorship or general partnership into a company formally recognized by your state of incorporation. When a company incorporates, it becomes its own legal business structure set apart from the individuals who founded the business. Through incorporation, the company's owner or owners create a separate legal entity to transact business. This new business entity corporation or limited liability company (LLC) transforms the way the business is seen through the eyes of the law and often has more credibility with potential customers, vendors and employees.
The primary benefit to business incorporation is limited liability. When you own a small business, you will invest a lot of money into not only getting it launched, but in keeping it running smoothly as well. As the owner you are responsible for any debts and losses your business may accumulate along the way. However, when you incorporate, you are typically only held responsible for the amount of money you personally invest. Your personal assets typically cannot be used to satisfy the debts and liabilities of your business
The new integrated web form offers the following services: –
Part A –: Name Reservation (New Companies only)
Part B:
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Company Incorporation
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Application for DIN
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PAN Application
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TAN Application
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GSTIN Application
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EPFO Registration
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ESIC Registration
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Opening of Bank Account for the Company
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Profession Tax Registration (only for Maharashtra)
The SPICe+ application form can be applied in two ways:
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Part A (Name Reservation) and Part B (All Other Services) can be applied for on a simultaneous basis.
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Part A can be applied for initially, and upon reservation of the name, Part B can be applied for.
AGILE-PRO
AGILE stands for Application for Goods and services identification number, employees’ state Insurance corporation registration plus Employees’ provident fund organisation registration. The old AGILE form (INC – 35) is now replaced with the AGILE – PRO web form.
RUN Web Service
RUN stands for Reserve Unique Name. This web service is used to reserve the name of a new company or for the change in the name of an existing company. The type of entity and the proposed names for the company are to be entered in case of reserving the name for a new company.
For an existing company, the CIN/LLPIN is the additional information to be entered in for the change of name. Now, since the introduction of the SPICE+ and AGILE – PRO forms, the RUN web service will henceforth be available only for the change of name of existing companies.
Attachments Required
For SPICe+:
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Memorandum of Association
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Articles of Association
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Declaration by the first director(s) and subscriber(s) (Affidavit not required)
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Proof of office address
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Copy of utility bills
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Copy of certificate of incorporation of foreign body corporate (if any)
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A resolution passed by promoter company
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The interest of first director(s) in other entities
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Consent of Nominee (INC–3)
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Proof of identity as well as the residential address of subscribers
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Proof of identity as well as residential address of the nominee
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Proof of identity and address of Applicant I, II, III
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Resolution of unregistered companies in case of Chapter XXI (Part 1) Companies
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Declaration in Form No. INC – 14
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Declaration in Form No. INC – 15
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Optional attachments (if any)
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Attachments – Part A
For AGILE-PRO:
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Proof of principal place of business
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Proof of appointment of Authorised Signatory for GSTIN (Either of the documents– Letter of Authorisation/Copy of Resolution passed by BOD/ Managing Committee and Acceptance Letter)
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Proof of identity of Authorised Signatory for the opening of a bank account
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Proof of address of Authorised Signatory for the opening of a bank account
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Specimen Signature of Authorised Signatory for EPFO
Other Significant Changes
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With the introduction of a new dashboard for the SPICe+ and linked forms, the approved name will be displayed on it, eliminating the need to do an SRN search.
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Companies incorporated through SPICe+ will have to apply for mandatorily:
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EPFO Registration
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ESIC Registration
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Opening of a Bank Account (AGILE – PRO)
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Profession Tax Registration (only for incorporation in Maharashtra)
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Once the application is completed in all respects, the next step would be the conversion into PDF format.
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Pre-scrutiny checks and other validations happen in the web form, but DSC Validation will happen only at the upload stage.
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Declaration by the subscribers and the first directors in INC – 9 shall now be auto-generated in PDF format and submitted electronically.
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The declaration also requires certification by a professional:
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Chartered Accountant
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Cost Accountant
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Company Secretary
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However, this is not required in the following cases:
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Where the total number of directors/subscribers is more than 20
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When any of the directors or subscribers do not possess a DIN or PAN
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