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Ramu and Associates

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Mr Ramu Vedaraman Co-Authors on "Law of Trademarks & Geograhical Indications". 2003 Edition

PRELIMINARY STEPS FOR INCORPORATION OF PRIVATE LIMITED COMPANY OR WOS COMPANY IN INDIA:-

1. Availability of Name of the proposed company;-

First step in the incorporation of a company in India is availability of its name. For this you can propose any suitable name, provided it is not prohibited under the India Companies Act. You have to suggest 6 names on priority wise. Application for the name has to be filed in form 1A. The object of the company must be reflected in the name, e.g., ABC Software Pvt. Ltd. At this stage Form 1 A should be filled completely and thus please go through form 1 A. Din of the promoters has to be obtained at this stage and thus their id proof in the form of ration card or copy of passport is required. If proposed Company is WOS company of the foreign company, a Board resolution on the letterhead of foreign company for allowing to use the name and authorizing to incorporate a company in India is required which should be countersigned by Indian consulate in the Indian Embassy there. For using the word "India, International, Industries, Corporation, etc, different slabs of Authorised capital has been prescribed. Wef 1 st June,2006, Directors have to sign electronically and thus they have to obtain Electronic Signature. Please refer www.mca.gov.in Two foreigners can form the company and for this they are not required to be physically present in India. They require only the address of registered office.

2. Finalisation of main Objects and Memorandum & Articles of Association of the company:-

After getting the name of the company, next step is to finalise the main objects and Memorandum & articles of Association. At least two subscribers are require for subscribing to the Memorandum of Association. In case of Foreign Subscribers, their signature are required to be attested by Indian Consulate in the Indian Embassy there. If the foreigners/NRI are physically in India,we can attest their signature. The subscribers should write their particulars in their OWN hand writing.

3. Stamping of Memorandum and Articles of Association:

After finalization of Memorandum and Articles of Association, the same is required to be stamped with Registrar of stamps in India, in Mumbai, Stamping has to be done at R.O.S.

4. Filling of Draft Memorandum and Articles of Association with Registrar of Company:-

After stamping of Memorandum and Articles of Association, the same are to be signed by the promoters after that it will be filed with Registrar of Companies along with the following documents and Pay Order in respect of Registration Fees which will depend on proposed Authorised Capital of the Company:

Form No. 1 : Statutory Declaration for compliance of provision of Companies Act, 1956 in regard to Formation of Company

Form No. 18 : Address of Registered office

Form No. 32 : particulars of Director

Power of Attorney : Authorisation for making correction in the office of Registrar of Companies

After above steps, Certificates of Incorporation will be obtained from Registrar of Companies. Here all steps for Private Limited Company are over and you can start your business immediately. For and only limited Company, after this Certificate to Commence business is to be obtained from ROC and only after that you can start your business. Please refer difference between private limited company and public limited company.

5. After getting certificate of Incorporation, following will be made:

(i) Common Seal of the company

(ii) Share Certificates, and

(iii) Printing f 50 Copies of Memorandum & Articles of Association

6. Fees structure

Time frame:

Company formation:

20 working days ( subject to availability of all the papers)

Our charges:

Will be communicated through mail, if so desired.

Our Services:

We shall provide you every service from incorporation of Company to obtaining all the essential nos. /licences, accounting, taxation consultancy, with-holding tax compliance, auditing etc. We also provide address for registered office.

Mr Ramu Vedaraman Co-Authors on "Law of Trademarks & Geograhical Indications". Revised 2005 Edition.

Trade Mark means mark used on goods / services for distinguishing the goods / services. A Trade Mark is either a symbol or a monogram or a logo, it can also be a word, a device, a letter or letters, a numeral or numerals, a picture or a combination of all these elements.

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Sr. No.	Particular	Govt. Fees ( in INR )
1.	Name Search	500
2.	Capital fees (For Rs. 1 Lakh)	4000
3.	Stamping fees (Rs.150 per Lakh)	150
4.	Printing of Memorandum and other expenses	5000

Capital fees is around 2-3% of the capital, as follows
5.	Rs.5 Lakh	16500
6.	Rs. 10 Lakh	27500
7.	Rs. 25 Lakh	56000
8.	Rs.50 Lakh	106000