As a measure to improve the ease of doing business in India, the Ministry of Corporate Affairs (“MCA”) has issued an Integrated Incorporation Form which consolidates multiple forms required for the incorporation process into a single online application form – eForm INC-29. Consequently, with effect from 1 May 2015, persons looking to incorporate any class of companies (including public/ private limited companies, one person company but not including companies with charitable objects) may make an application to the concerned registrar of companies (“RoC”) in the prescribed eForm INC-29 online. Key features of the eForm INC-29 are as follows:
- eForm INC-29 consolidates the forms for the application for allotment of Directors Identification Number (“DIN”) (eForm DIR-3), application for reservation of name (eForm INC-1), application for incorporation of a new company (eForm INC-7), application for notice of situation of registered office (eForm INC-22) and form pertaining to particulars of appointment of each director (eForm DIR-12);
- provision to attach supporting documents corresponding to each form (as mentioned above) when the eForm INC-29 is filed with the RoC;
- eForm INC-29 provides for applications for up to 3 (three) DIN applicants only;
- the promoter or applicant of the proposed company may only propose one name for the proposed company (as against a maximum of six names which may be submitted in eForm INC-1).
Once the eForm INC-29 is filed and successfully processed by the RoC, a Certificate of Incorporation would be issued by the RoC.
Persons looking to incorporate a company may, if they prefer, continue to use the separate forms for incorporation instead of the eForm INC-29. On a related note, the MCA has published a version of the Companies (Incorporation) Amendment Rules, 2015 on 1 May 2015 (“Amendment Rules”) which are yet to be published in the official gazette which inter-alia incorporates provisions relating to eForm INC-29. A separate LexLumis update on the Amendment Rules is to follow shortly.