Obtain Director Identification Number (DIN) online
(1) Fill Form DIN-1 online on www.mca.gov.in. Provisional Form issued immediately.
Post the following to the Ministry of Corporate Affairs: 1. Provisional Form issued
Identity Proof: PAN card, Driving License, Passport, Voter Id (Any one)
Residence Proof: Driving License, Passport, Voter Id
MCA will verify the above-documents and upon approval issue a Permanent DIN. The entire process takes about 4weeks and it costs Rs 100/-.
2. Obtain Digital Signature Certificate on-line
To avail, the new electronic filing system under MCA 21, the applicant must obtain a Class-II Digital Signature Certificate.
Procedure to obtain Class-II Digital Signature Certificate: 1. Prescribed application form; 2. Proof of Identity and 3. Proof of Residence to be submitted to one of the six private agencies authorized by MCA21.
The procedure takes 1-6 days and costs between Rs 400 to 2650, depending upon the chosen agency.
Reserve Company Name with the Registrar of Companies on-line
E-filing: Check the availability of the desired company name on the MCA21 website and submit the same online.
Personally, submit a maximum of 6 names to the RoC, Mumbai. Once the junior officer clears the name, the same are sent to senior officer for approval.
To avoid delay, ensure that the proposed name is available, by making it unique and checking availability online and it conforms to the naming standards established by the Company Act.
The procedure costs about Rs 500 and takes on an average 2-3 days to complete.
Stamp the Company Documents either at the Superintendent or an authorized bank
Submit the following to the Superintendent of Banks for stamping:
Request for Stamping
Unsigned copies of the MOA & AOA and
Payment Receipt.
Form-1 (Declaration of Compliance)
Stamp Duty payable, in Mumbai (Maharashtra) as per Article 10 and Article 39 of the Indian Stamp Act, 1899:
AoA: Rs 1000/- for every Rs 500,000/- of share capital (or part thereof), subject to a maximum of Rs. 50,000,000/-
MoA: Rs 200/-
Form-1 Rs 100/-.
Once the MoA and AoA have been stamped, they must be signed and dated by the Company Promoters. Following information must be mentioned by every promoter in hand writing and it should be duly witnessed:
Company Name
Description of its activities and purpose
Father’s Name
Address
Occupation
Number of Shares subscribed.
Obtain Certificate of Incorporation from the Registrar of Companies
Fill in the following forms electronically on the MCA21 website: 1. E-form 1; 2. E-form 18 and 3. E-form 32.
Attach the following with E-form 1, while submitting it online:
Consent of the Initial Directors
Signed & Stamped form of the MoA and AoA.
Payment of fee can be done online using a credit card. The documents are then accepted immediately.
Or by payment in cash at certain authorized banks or by making a demand draft against the Challan generated online in favour of “Pay & Accounts Office, Ministry of Corporate Affairs, New Delhi”, payable at Mumbai. This takes about a week to clear after the receipt and only after that RoC accepts the documents for verification and approval.
Also submit the following physically before the ROC:
MoA; 2. AoA; 3. Form 1; 4. Form 32; 5. Form 18; 6. Original name approval letter; 7. Consent of Directors and 8. Stamped PoA.
- Certificate of Incorporation sent automatically to the registered office of the company by Registered or Speed Post.
Registration Fees to be paid:
When Authorized Capital Registration Fee
Upto Rs 100,000/- Rs 4,000
Over Rs 100,000/- Rs 4,000/ + For every Rs 10,000/- of nominal share capital or part of Rs 10,000/- after first Rs 100,000/- upto Rs 500,000/- - Rs 300/-.
For every Rs 10,000/- of nominal share capital or part of Rs 10,000/- after first Rs 500,000/- upto Rs 5,000,000/- - Rs. 200/-
For every Rs 10,000/- of nominal share capital or part of Rs 10,000/- after first Rs 5,000,000/- upto Rs 10,000,000/- - Rs. 100/-
For every Rs 10,000/- of nominal share capital or part of Rs 10,000/- after first Rs 10,000,000/- - Rs50.
Note: RoC, Mumbai requests for pre-scrutiny of documents for any correction thereon, before uploading them, so that once the documents have been uploaded, they can be approved without any further correction.
Online filing mechanism requires only one copy of scanned documents to be filed (including tamped MoA, AoA and PoA).
Schedule of Registrar filing fees for the Articles and other Forms (I, 18 and 32):
Nominal Share Capital Fees
Rs 2,500,000 and more Rs 500
This entire procedure may take anywhere between 3-10 days to complete.
Making a Seal
Making a seal though not legally mandatory, it is advisable, since it would be require to issue share certificate and other documents.
It can be made in a matter of hours and may take anywhere between Rs 300-600/-.
Obtain Permanent Account Number (PAN)
PAN Form can be obtained from IT PAN Service Centres or TIN Facilitation Centres at a nominal cost of Rs 5/- or may be downloaded for free.
PAN application can be made through National Securities Depository Services Limited (NSDL) and Unit Trust of India (UTI) Investors Services Ltd. on Form 49A, with the following documents:
Certified Copy of Certificate of Registration
Proof of Company Address
Personal Liability
Application may be made online; however, the documents have to be dropped off physically for verification. A fee of Rs 66/- has to be submitted for processing of the form.
The IT PAN Service Centres or TIN Facilitation Centres, after obtaining the PAN from IT Department, print the PAN Card and deliver it to the applicant.
Obtain Tax Account Number
Section 203A of the IT Act, 1961 makes it mandatory for persons who deduct or collect tax at source to apply for TAN. Further, the Section makes it mandatory for the TAN to be quoted in all tax-deducted-at-source (TDS) and tax-collected-at-source (TCS) returns, all TDS/TCS payment Challan, and all TDS/ TCS certificates issued.
Failure to comply with the provisions of the section, invites a penalty of Rs 10,000/-.
Application must be filled using Form 49B and submitted at any TIN Facilitation Center authorized to receive e-TDS returns. Application may be made online or offline. However, when payment made online, hard copy of the application is required to be physically filed with NSDL.
Upon verification, the same is sent to the IT Department and upon satisfaction IT Department issues TAN to the applicant.
It costs about Rs 55/- and takes over a week to get the TAN.
Register with Mumbai Shops and Establishment Act, 1948
Procedure 7 & 8 & 9 can be followed simultaneously.
A statement containing the employer’s, manager’s and establishment name must be sent to the local shop inspector alongwith the applicable fees.
Section 7 of the Bombay Shops and Registration Act, 1948, lays down the procedure as follows:
7(1) states that the establishment must submit to the local shop inspector, Form A and prescribed fees for registering the establishment.
7(2) After the statement in Form A and prescribed fees for registering the establishment is received and the correctness of the statement is satisfactorily audited, the certificate for registration of establishment is issued in Form D according to the provisions of Rule 6 of Maharashtra Shops and Establishment Rules, 1961.
7(4) Employer must register the establishment in the prescribed manner within 30 days of the date on which the establishment commences its work.
Maharashtra Shops and Establishment Rules, 1961 was amended in 2003 and the fees for registration and renewal of registration, as per Rule 5 is as follows:
No. of Employees Fees
0 Rs 100
1-5 300
6-10 600
11-20 1000
21-50 2000
51-100 3500
101 and above 4500
Additionally, an annual fee, that is three times the registration and renewal fee is charged as trade refuse charges(TRC), under the Mumbai Municipal Corporation Act, 1888.
Registration for VAT
It takes about 12 days to register for VAT and the procedure can be followed simultaneously while registering under the Mumbai Shops and Establishment Act, 1948.
It costs about Rs 5100 including Rs 5000 as the Registration Fee and Rs 100 as Stamp Duty to register.
Fill in Form 101 and the authorized representative submits the same at Sales Tax Office, alongwith the following documents:
Certified copy of the Memorandum and Articles of Association of the Company
Proof of Permanent Residential Address. Atleast two of the following copy of proof of residential address are to be submitted: a. Passport; b. Driving license; c. election photo I-card; d. Property card; e. latest receipt of property tax of Municipal Corporation; f. latest paid electricity bill in the name of the applicant
Proof place of business(for an owner, the place of Doing Business): Proof of ownership of premises viz. copy of property card or ownership deed or agreement with the builder or any other relevant document.
One recent passport size photograph of the applicant
Copy of Income Tax Assessment Order having PAN or copy of PAN Card
Challan in Form No. 2010(original) showing payment of registration fee at Rs 5000 in case of voluntary RC and in other cases Rs 500.
The form alongwith the documents are verified on the appointed day and the information is entered into the system.
Alternatively, Form 101 can also be filled online and the Authorized Officer may visit the office on the appointed day only to verify the documents.
Registration for Profession Tax
It takes about two days. There are no costs to be paid for registration for Profession Tax.
Apply in Form I to the Registration Authority for the Mumbai Area situated at Vikarikar Bhawan, Mazgaon, Mumbai, along with the following documents:
Details of Company registration no. under the Indian Companies Act(1956)
Head Office(if the company is a branch of company registered outside the State)
Company Deed
Certificates under any other Act
Section 5 of the Profession Tax Act, puts an obligation of every employer(not being an officer of the Government), a liability to pay tax and obtain a certificate of registration from the prescribed authority.
Registration with EPF
It takes about 12 days to register with the EPF Organization.
It does not cost anything to register with the EPF organization.
If an organization employs 20 or more persons and is engaged in any of the 183 industries and Classes of business establishments and is bases-out of anywhere in India, except the State of J&K, then the provisions of Employees Provident Fund & Miscellaneous Provisions Act,1952 apply to the establishment. The employer has to provide necessary information to the concerned regional Provident Fund Organization(EPFO) in prescribed format for allotment of Establishment Code Number. No separate registration is required for the employees.
However, if the employees so want, they can become members of the EPFO and individual allotment number is then allotted by the employer in prescribed manner. Theoretically, as per the internal circular, an allocation should be made within 3 days, if the application is complete in all respects. However, practically speaking it takes anywhere between 12-15 days to receive the code number.
The applicant fills in an application and is allocated a Social-security number.
The PF registration focuses on delinquent reporting, under-reporting or non-reporting of workforce size.
13. Register for Medical Insurance(ESIC)
Registration for Medical Insurance, Registration with EPF, Registration for Profession Tax, can be performed simultaneously while pursuing Registration for VAT. As of now, there is no online facility available for making an application.
No costs are incurred while registering for Medical Insurance.
Employees’ State Insurance(General), states that Form01 is to be submitted by the Employer for registration. It takes about 3 days to a week for the Employer Code number to be issued. The “intimation letter” containing the Code number is sent by post.
Once the Employer is registered, process for Employee’s Registration is started. The Employee must provide the Employer with the correct information. Employee Temporary Cards(ESI Cards) are issued on the spot by the local offices in many places. It takes about 4-5 weeks to issue a permanent ESI card. Temporary cards are valid for 13 weeks from the date of issue and therefore, can be used in the meanwhile till permanent ESI Cards are issued.
