How to Register a One Person Company

The Central government made amendments to the previous Companies Rules,2014 on 22nd January 2016 which may be called as the Companies Amendment Rules, 2016 according to which the process of incorporating a Company is simplified.

The company formation is now possible by filing INC-29, which is a single form with the Registrar of Companies, within whose jurisdiction the registered office of the business is proposed to be situated. But, firstly we have mentioned the lengthy process of registering a One Person Company.

Step 1: The application for DIN (Form DIR-3) & DSC(Digital Signature Certificate)

The Director Identification Number(DIN) is a unique identification number that is issued to a director or a person who is decided to become the director of the company. This DIN is given by the Ministry of Corporate Affairs(MCA).

Certain relevant documents are to be submitted along with this, they are as follows:

  • Identity Proof- A copy of PAN(Permanent Account Number) Card is mandatory to be submitted.
  • Address proof is also to be submitted; it can copy of either of the following:
  • Passport
  • Election/Voter Card
  • Ration Card
  • Driving License.
  • Electricity/Telephone Bill
  • Aadhar Card
  • Details about the current occupation.
  • Email ID of the Applicant.
  • Contact details(Mobile/Landline number)
  • Educational Qualification and documents of the same.
  • The Verification duly signed by the applicant.
  • Digital Signature Certificate (DSC form duly signed by the applicant. The signature on the photo must be across the full frame.
  • All the documents are required to be Self-attested, and the ID-proof and Address-Proof is needed to be attested by a Gazetted Officer or a Bank Manager or Post Master.

Step 2: Name Approval

Once the DIN. DSC, and DIR applications are filed thereafter you need to choose the name of the Company and get it approved. This is a vital stage, and it includes few process:

Checking the Name Availability:

A good research of all the names that are possible needs to be studied, you can take help of the MCA(Ministry of Corporate Affairs) website. It is also to scrutinize if the Name already exists in the trademark registry or not as it any pre-existing name can be rejected/opposed by the ROC( Registrar Of Company)

Choosing the Name:

After the thorough research with several sources you need to decide six names that you want to grant as your company name and arrange them according to your priority and preference.

Reservation of Name:

INC-1(an application for reservation of name) is to be filed with the Registrar of Company, wherein the six options for the name of the company that you have decide according to your preference/priority needs to be written down along with explanation of its significance.

Step 3: Drafting MOA(Memorandum of Association) & AOA(Article of Association)

A Memorandum of Association covers the fundamental provisions and the purpose of the Company's constitution. The primary objectives along with other purpose are to be included in MOA.

The Article of Association is another important document that will contain rules and regulations governing the internal management of the company. It bounds the company with its members wherein the rights and duties are mentioned

Step 4: Filing of e-forms with RoC(Registrar of Companies)

The Application of incorporation is to be done in Form INC-2 wherein the following documents are to be attached;

  • MoA(Memorandum of Association)
  • Article of Association(AoA)
  • Proof of identity of member and nominee.
  • Residential proof of member and nominee.
  • Copy of PAN card of member and nominee.
  • Consent of nominee in form INC-3.
  • Affidavit from the shareholders and the initial director in form INC-9.
  • Specimen signature in form INC-10
  • Consent from the Director in DIR-2 format.
  • Address proof of registered office.(Lease deeds/Conveyance/Rent Agreement etc. along with rent receipts)
  • Copies of utility bill(proof of evidence of any utility service like telephone, gas electricity etc. )
  • Declaration by professionals in INC-8.
  • Particulars of shareholders to MoA.

Step 5: Payment of fee & Stamp duty

Once the documents are filed online, the RoC fees and stamp duty is filed electronically. This is based upon the authorized capital of the company.

Step 6: Verification by RoC

Once you are done with the payment of RoC fee and stamp duty, the Registrar of companies will then verify and scrutinize all the documents and inform about the required changes. Keeping in mind the changes and suggestions you are required to modify the documents to avoid any kind of objection or rejection.

Step 7: Certificate of Incorporation by RoC

This is the final stage where you get the "certificate of incorporation" which means that you can now start Company's operation. After verification of all the documents the Registrar of Companies signs the "Certificate of Incorporation" which is then send to the Director of the company's director. The Ministry of Corporate Affairs(MCA) have now made it all electronic format to avoid wastage of paper and support Green Initiative. So once you receive "Certificate of Incorporation", no more waiting as you can start off with the operation of your company and lead to a successful business. The Certificate of Incorporation will be having "validity unknown" displayed at the end which means there are still some Post Company registration formalities that are to be done.

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