Company Registration Forms in India

Company Registration Forms in India

To register a company in India, you need to complete various forms and submit them to the appropriate authorities. The specific forms required may vary based on the type of company you wish to register and its structure. The MCA website facilitates the online registration of companies by filing applications and uploading requisite documents on the website itself.

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Here are some of the critical forms which are necessary to be filed for the incorporation process:

SPICe+ Form :

This Form is segregated into two parts. SPICe+ Form Part-A is filed to reserve a unique name for the company. The applicants must provide alternative names in the Form for the registrar to choose the most appropriate name from. The applicants can also use the RUN or Reserve Unique Name feature available on the MCA website to check for the existence of similar or identical names in order to avoid using them.

SPICe+ Form Part-B is used to apply for incorporation of the company, Details pertaining to the capital structure of the company, and director details. Add details of subscribers, address of the office space, and information as to the jurisdiction for obtaining the TAN and PAN for the company. Mentioned below are certain documents which are to be attached to this Form:
  1. Identity proof and address proof of the proposed directors of the company and subscribers who have signed the memorandum of association.
  2. Passport-size photographs of the proposed directors of the company.
  3. The articles of association and the memorandum of association signed by the subscribers as provided under the Companies (Incorporation) Rules, 2014.
  4. Proof of ownership of the office space.
  5. If the office space is on rented premises, then the lease deed and a no objection certificate from the landlord.
  6. Utility bills for the office space.
  7. Details of the registered office space, if any or the office space being used till then.
  8. Declaration under Form INC-9 stating that the shareholders and the directors have committed no offence or malfeasance.
  9. Document showing the expected income of the company and the expenditure for the next three years with the source of income and the purpose of the spending.
AGILE PRO Form :

The AGILE PRO Form is filed for registration of Goods and Service Tax Identification Number, bank account opening, professional tax registration, and registration with the Employees’ State Insurance Corporation and the Employees’ Provident Fund Organization. Mentioned below are certain documents which are required to be attached along with this Form:
  1. Proof of the principal place of business.
  2. Identity proof of the authorized signatory for bank account opening.
  3. Address proof of the authorized signatory for bank account opening.
  4. For EPFO purposes, the signature of the authorized signatory.
  5. Copy of the resolution or a letter of authorization passed by the board of directors.
  6. Proof of appointment of the authorized signatory for Goods and Service Tax Identification Number.
Form DIR-3 :

Form DIR-3 is actually used for the application for Director Identification Number (DIN) in India. DIN is a unique identification number assigned to individuals who wish to be appointed as directors in companies registered under the Companies Act, 2013. It is a requirement for individuals serving as directors in Indian companies. DIR-3 an application in e-form mandated by the MCA to be filed by any person who wants to apply for DIN( Director Identification Number). On the successful filing of the application, a DIN number is allotted which is a unique number and will be quoted in filing returns by that director. DIN is mandatory to become a director in a company.

As per new rules, a director who does not have a DIN at the time of Company Incorporation does not need to file a separate application in Form DIR-3 but can directly apply for DIN using SPICe.

A person will have to make an application in eForm DIR-3 if he/she wants to become a director in an existing company. Mentioned below are certain documents which are required to be attached along with this Form:
  1. Photograph
  2. Proof of identity (scan copy)
  3. Proof of residence as per the guidelines (scan copy)
Form INC-1 :

Form INC-1 is a part of the company registration process in India. It is used for reserving a company name before filing the incorporation documents. Here are some key points about Form INC-1:
  1. Purpose: The main purpose of Form INC-1 is to apply for the reservation of a company name. It is the first step in the process of incorporating a company in India.
  2. Reservation of Name: The form is used to propose a unique name for the company being registered. The proposed name should comply with the naming guidelines specified by the Ministry of Corporate Affairs (MCA).
  3. Information Required: When filling out Form INC-1, you will need to provide details such as the proposed name of the company, the significance of the proposed name, the main objects of the company, and the type of company (e.g., private limited, public limited, etc.).
  4. Digital Signatures: The form needs to be digitally signed by the applicant. Digital signatures are a secure way to authenticate electronic documents in India.
  5. Filing and Payment: Once the form is filled out and digitally signed, it needs to be uploaded on the MCA portal along with the applicable fees. The fees depend on whether the proposed name is for a new company or an existing company changing its name.
  6. Name Approval: Upon successful submission of Form INC-1 and payment of the fees, the MCA will review the proposed name for availability and compliance with naming guidelines. If approved, the name will be reserved for a period of 20 days.
Form INC-7 :

Form INC-7 is an important form used for the incorporation of a company in India. It is a part of the company registration process and is filed with the Ministry of Corporate Affairs (MCA). Here are some key points about Form INC-7:
  1. Purpose: The main purpose of Form INC-7 is to apply for the incorporation of a company in India. It includes details about the company, its proposed name, registered office address, directors, and shareholders.
  2. Information Required: When filling out Form INC-7, you will need to provide various details such as the proposed name of the company, the type of company (e.g., private limited, public limited, etc.), the main objects of the company, the authorized and paid-up capital, details of directors and shareholders, and the registered office address.
  3. Memorandum of Association (MOA) and Articles of Association (AOA): Along with Form INC-7, the MOA and AOA of the company should be prepared and submitted. These documents outline the constitution and regulations of the company and specify its objectives, internal governance, and rules for shareholders and directors.
  4. Digital Signatures: The form needs to be digitally signed by the applicant and professional certifiers such as chartered accountants, company secretaries, or cost accountants who are certifying the documents attached with the form.
  5. Filing and Payment: Once the form is filled out and digitally signed, it needs to be uploaded on the MCA portal along with the applicable fees. The fees for Form INC-7 depend on factors such as the authorized capital of the company.
  6. Verification and Processing: After the submission of Form INC-7, the MCA will verify the information provided and process the application for incorporation. If all the requirements are met and the necessary documents are in order, the MCA will issue a Certificate of Incorporation.
Form INC-22 :

Form INC-22, also known as eForm ACTIVE (Active Company Tagging Identities and Verification), is a form used for the verification of the registered office address of a company in India. It is required for the compliance of companies registered under the Companies Act, 2013. Here are some key points about Form INC-22:
  1. Purpose: The main purpose of Form INC-22 is to ensure that companies maintain accurate and up-to-date information regarding their registered office address. It is used to verify the physical location of the company's registered office.
  2. Information Required: When filling out Form INC-22, you will need to provide details such as the address of the registered office, latitude and longitude coordinates, photographs of the external building, inside office premises, and the director(s) at the registered office.
  3. Filing Deadline: Form INC-22 must be filed within 30 days from the date of incorporation of the company or any subsequent change in the registered office address.
  4. Digital Signatures: The form needs to be digitally signed by a director or a practicing professional such as a chartered accountant, company secretary, or cost accountant.
  5. Filing and Compliance: Form INC-22 is filed electronically through the Ministry of Corporate Affairs (MCA) portal. It is crucial to comply with this requirement to maintain the active status of the company.
  6. Consequences of Non-Compliance: If a company fails to file Form INC-22 within the specified timeline, it may be marked as "ACTIVE non-compliant" by the Registrar of Companies (RoC). This can result in penalties and restrictions on certain company activities.
Form INC-20a :

Form INC-20A, also known as the Declaration for Commencement of Business, is a form required for the registration of a company in India. It is filed with the Ministry of Corporate Affairs (MCA) under the Companies Act, 2013. Here are some key points about Form INC-20A:
  1. Purpose: The main purpose of Form INC-20A is to declare that a company has commenced its business operations after its incorporation. It is mandatory for all companies registered in India.
  2. Filing Deadline: Form INC-20A must be filed within 180 days from the date of incorporation of the company. It is important to note that a company cannot commence any business activities until this form is filed.
  3. Information Required: When filling out Form INC-20A, you will need to provide details such as the company's corporate identity number (CIN), registered office address, details of directors, and the main business activities the company intends to undertake.
  4. Digital Signatures: The form needs to be digitally signed by a director or a practicing professional such as a chartered accountant, company secretary, or cost accountant.
  5. Filing and Compliance: Form INC-20A is filed electronically through the MCA portal. It is crucial to comply with this requirement to ensure the company is authorized to commence its business activities.
  6. Consequences of Non-Compliance: If a company fails to file Form INC-20A within the specified timeline, it may face penalties and other legal consequences. Additionally, the company may be marked as "ACTIVE non-compliant" by the Registrar of Companies (RoC), which can lead to restrictions and non-compliance-related difficulties.
e-Form DIR-12 :

1) Where any Director has been appointed by the Company or has resigned from the company or there has been change in designation of Director, then e-Form DIR-12 containing Such Particulars and documents as may be prescribed in the form shall be filed with registrar within 30 Days from the Date of Appointment/Resignation or the date of such change taking place.

2) This Form has three aspects:
a. Appointment
b. Resignation
c. Change in Designation
3) A Single e-Form DIR-12 can be submitted for Appointment of a new Director and Resignation of Existing Director or the change in Designation of Existing Director only if the form is submitted within 30 days from the Date of Appointment as well as date of resignation or the date of change taking place.

4) However for Filing Details relating to appointment and cessation relating to the same person, separate e-form shall be required to be filed.

5) It is mandatory to fill the fields marked in * and other fields not mandatory shall also be filed up for the good sake.

6) If the No. of Directors for which the form is being filed is more than 15, then an addendum e-Form DIR-12 shall be required to be e-filed.

7) There are some following aspects relating to appointment of Director:
a. The Director being appointed should not be associated with more than 20 companies as a Director and in case of public company, the appointment of Director shall not be allowed if he is already a director in more than 10 public Companies.
b. Every person who has been appointed to hold the office of a director shall on or before the appointment furnish to the company consent in writing to act as such in Form No. DIR-2:
c. Interest in other entities is required to be mentioned in case of appointment i.e. All the Details like no. of entities in which Director to be appointed has interest in other entity and the percentage of shareholding and amount of Shareholding and the nature of interest shall be mentioned along with CIN No. of the Company in which Director to be appointed has some interest. Only Details of One entity can be entered in the form, However if Interest is in more than one entity, A Separate sheet shall be attached along with form showing Interest.
8) Following Scanned Documents are mandatory and shall be attached along with form:
a. In Case of Appointment:
i. Letter of appointment is to be attached in case of an appointment of a Director / Manager / Company Secretary / CEO / CFO.
ii. Declaration of the appointee director, managing director, in Form No. DIR-2 to be attached in case of appointment of a Director / Manager / Company Secretary / CEO / CFO.
iii. Interest in other entities of director is to be attached in case number of entities entered is more than one.
iv. Declaration by first director in Form INC-9 is to attach in case of a new company
b. In case of Resignation:
i. Notice of resignation is to be attached in case of cessation of a Director / Manager / Company Secretary / CEO / CFO.
ii. Evidence of cessation is to be attached in case of cessation of a Director / Manager / Company Secretary / CEO / CFO.
Form MGT-14 :

Form MGT 14 was introduced in the Companies Act of 2013 with the objective of filing certain resolutions with the Registrar of Companies. Such resolutions must be filed after the passing of the same at the meeting held by the Board/Shareholders/Creditors of the company. MGT-14 needs to be filed by a company with the Registrar of Companies (RoC) in accordance with section 94(1) and 117(1) of the Companies Act 2013 and the rules made thereunder. However, the private companies are exempted from filing Board Resolutions. Private companies are not required to file MGT-14 for matters specified in section 179(3) of the Companies Act 2013 read with rule 8 of the Companies (Meetings of Board and its Powers) Rules 2014. Thus, private companies do not have to file e-form MGT-14 with the RoC on the exercise of powers of the Board under the provisions of Section 179(3) of the Companies Act 2013.
The resolutions have to be filed in the E-form for the following categories:
  1. Board Resolutions
  2. Special resolutions
  3. Ordinary Resolutions
Board resolutions must be duly filed in Annexure A, special resolutions in Annexure B and ordinary resolutions in Annexure C. 

Here are some key points about Form MGT-14:
  1. Purpose: The main purpose of Form MGT-14 is to notify the RoC about certain resolutions and agreements passed by the company. These may include special resolutions, resolutions requiring approval by the members or creditors of the company, and various types of agreements.
  2. Information Required: When filling out Form MGT-14, you will need to provide details such as the company's corporate identity number (CIN), the details of the resolution or agreement being filed, the date of passing the resolution, and the details of the parties involved.
  3. Filing Deadline: Form MGT-14 must be filed with the RoC within 30 days of passing the resolution or agreement.
  4. Digital Signatures: The form needs to be digitally signed by a director or a practicing professional such as a chartered accountant, company secretary, or cost accountant.
  5. Filing and Compliance: Form MGT-14 is filed electronically through the Ministry of Corporate Affairs (MCA) portal. It is important to comply with the filing requirements to meet the regulatory obligations of the company.
  6. Consequences of Non-Compliance: Failure to file Form MGT-14 within the specified timeline may result in penalties and other legal consequences.
Download e-forms:

Created & Posted by Sony Garg

Accountant at TAXAJ


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