Integrated Process of Company Registration – Form INC29

With effect from 1^st May 2015, government has introduced a new process of incorporation called Integrated Process for Incorporation. For this purpose a new form INC29 has been introduced.

Please remember that the facility to file integrated application for incorporation of a company in Form INC29 is available as an option not mandatory. One can still follow the old procedure of company incorporation i.e. filing DIN-3, INC-1, INC7, INC22 and INC21.

As per the changes in Companies (Incorporation) Rules, 2014, through integrated process, application for allotment of Director Identification Number up to three directors, reservation of company name, incorporation of company and appointment of directors of the proposed company shall be filed in one form i.e. Form No. INC29.

Form No INC29 can be used for One Person Company, Private Limited Company, public limited company and Producer Company.

It has to be filed with the registrar within whose jurisdiction the registered office of the company is proposed to be situated along with Rs 2000 in addition to the registration fee as applicable to companies.

As per the earlier process, promoter or applicant can propose up to 6 names in order of their preference to get approval of their desired company name. Now with the new form INC29, promoters or applicants of the proposed company shall propose only one name. This means, if you want to propose more than one name then old procedure have to be followed.

New form INC30 for memorandum of association and INC31 for article of association has been introduced. Promoters or applicants of the proposed company may prepare MOA as per template in Form INC30 and may opt for templates of Articles of Association in Form INC31.

INC30 and INC31 should be signed and scanned with witness to attaché with form INC29 before uploading to MCA site.

After submission of From No INC29, if the registrar on examining the form finds it necessary to call for further information or finds such application or document to be defective or incomplete in any respect then intimation has to be sent to applicant to remove the defects and resubmit the form within 15 days from the date of such intimation.

If after resubmission of the documents, registrar finds that the document is defective or incomplete in any respect then he shall give one more opportunity of 15 days to remove such defects or deficiencies.

After giving two opportunities, if registrar founds any other defects in the form INC29 then the form will be rejected and the applicant has to file a fresh form INC29.

Once the e-Form INC29 is processed and found complete, company would be registered and CIN would be allocated. Also DINs gets issued to the proposed Directors who do not have a valid DIN.

For Form INC29, following attachments are mandatory in all cases;

• Memorandum of Association
• Articles of Association.
• Affidavit and declaration by first subscriber(s) and director(s)

If the address for correspondence is the address of registered office of the company, then following attachments are mandatory:

• Proof of office address
• Copies of utility bills that are not older than two months.

If the proposed name is based on a registered trademark or is subject matter of an application pending for registration under the Trade Marks Act, then it is mandatory to attach.

• Approval of the owner of the trademark or the applicant of such trademark for registration of Trademark

If the name of the proposed company includes the name of relative(s) of the promoter, then it is mandatory to attach.

• Proof of relation of the relative with promoter

If the promoters are carrying on any Partnership firm, sole proprietary or unregistered entity in the name as applied for, then it is mandatory to attach.

• NOC from the sole proprietor/ partners/other associates/ existing company

In case the proposed name contains name of any person other than the promoter(s) or their close blood relative(s), then it is mandatory to attach.

• NOC from any other person

If any subscriber to the proposed company is Foreign company and/or company incorporated outside India, then it is mandatory to attach.

• Copy of certificate of incorporation of the foreign body corporate and resolution passed

Note: It is optional to attach Copy of certificate of incorporation in case the subscriber to the proposed company is Body Corporate.

If any subscriber to the proposed company is a Company itself, then it is mandatory to attach.

• Resolution passed by promoter company

In case the name is similar to any existing company, then it is mandatory to attach.

• A certified true copy of No objection certificate by way of board resolution

In case any of the director has any interest in the proposed company, then it is mandatory to attach.

• Interest of first director(s) in entities

In case of an OPC, it is mandatory to attach.

• Consent of nominee
• Proof of identity and residential address of the nominee

If any one of the subscriber does not have a DIN, it is mandatory to attach.

• Proof of identity and residential address of the subscribers

If any one of the director (including subscriber cum director) does not have DIN, then it is mandatory to attach.

• Proof of identity and residential address of such director
• Proof of identity and residential address of such director
• Proof of identity and residential address of such director

Any other information can be provided as an optional attachment.