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For incorporating a company under section 8 of the Companies Act, 2013, following procedure needs
to followed:
2. Name Approval:
Name approval has to be obtained from the concerned Registrar of Companies ["RoC"] by submitting
an application in Form No. INC 1.
The Applicant can give maximum six names in order of preference. The name once approved by the
authority is valid for sixty days. The Promoter /Subscriber to the Memorandum and Articles of
Association shall be the applicant for the availability of name application.
subsidiary, a copy of the Board resolution of Holding Company approving the investment in the
proposed Indian Company and authorizing a person to sign the incorporation papers on behalf of the
company, duly attested by the officer of the Indian Embassy in the foreign country where the
registered office is situate is also required to be attached with the papers.
4.Filing of Forms for issuance of license under section 8 of the Companies Act, 2013 :
The following forms are required to be filed with the RoC:
(i) eForm INC 12 (for issuance of license under section 8 of the Companies Act, 2013). This
application shall be accompanied by:
A statement showing details of assets and liabilities of the company as on date with
the application.
A statement giving brief description of work, if any, already done by the association.
A letter of authority
Form No. INC - 7 (declaration of compliance with the requirements of the Act on
application for registration of a company);
After all the incorporation papers are filed and reviewed by the RoC, the RoC may require certain
clarifications. These clarifications or enquiry need to be satisfied by the person who has been
authorised to do so by the Power of Attorney filed with the RoC.