Additional attachments for INC-7 (SPICe+ is now the preferred method):

• Proof of Address for Registered Office: This could be a rental agreement, sale deed, or utility bill (not older than two months) for the company’s registered office address.
• Affidavit and Declaration by First Subscribers and Directors: This is a sworn statement by the initial subscribers and directors of the company, confirming their eligibility and compliance with company law.
• Depending on the specific situation, additional documents might be required, such as a No Objection Certificate (NOC) if a director is already associated with another company.

Note:

• INC-29is less commonly used now as the Ministry of Corporate Affairs (MCA) in India recommends using the SPICe+ form for electronic company incorporation.
• The specific requirements and documents needed might vary depending on the company’s structure and any specific compliances. It’s always best to consult a professional like a company secretary or lawyer for the latest regulations and guidance on attachments for company incorporation.

Case laws

• Companies Act, 2013 – Section 7:This section deals with the incorporation of a company. It mentions the requirement to file the Memorandum of Association (MoA) and Articles of Association (AoA) with the Registrar of Companies (ROC).
• MCA Notifications: The MCA issues notifications clarifying specific procedures and requirements for company incorporation. While there might not be a single notification solely on attachments, relevant information can be found in notifications related to SPICe+ or INC forms.

Here are some resources you can explore to understand the attachments required for INC-7/INC-29:

• MCA Website: The Ministry of Corporate Affairs  has a section on company incorporation. Look for information on e Forms (electronic forms) like INC-7 and INC-29, which might specify required attachments.
• Company Law Compliances Websites: Several websites specialize in company law compliances in India. These websites often provide detailed explanations of company incorporation procedures and the documents required for forms like INC-7/INC-29.

In general, the attachments required for INC-7/INC-29 forms could include:

• MoA and AoA: These are the fundamental documents of the company, outlining its purpose and internal governance structure.
• Declaration of Subscribers and Directors (INC-9):This form might be required in some cases, and it includes details about the subscribers and directors, but not their PAN details.
• Proof of Identity and Address: While not explicitly mentioned as attachments, the subscribers and directors might need to submit documents like passport copies, voter IDs, or utility bills to verify their identities and addresses.

Remember: Specific requirements can vary depending on the situation. It’s advisable to consult with a professional like a company secretary or lawyer for the latest and most accurate information on attachments needed for INC-7/INC-29 forms.

Faq question

Here are some frequently asked questions about attachments to the INC-7 and INC-29 forms used for company incorporation in India:

Q: What are INC-7 and INC-29 forms?

A: These are electronic forms used for company incorporation in India through the MCA portal (Ministry of Corporate Affairs). INC-7 is for One Person Company (OPC) incorporation, while INC-29 is for incorporation of other companies with two or more directors.

Q: What kind of attachments are required with INC-7/INC-29 forms?

A: The specific attachments required may vary depending on the company structure and chosen options. However, some common attachments include:

• Digital Signature Certificate (DSC):All subscribers and directors need to have a DSC for signing the e-forms.
• MoA (Memorandum of Association) and AoA (Articles of Association):These documents define the company’s purpose, structure, and internal governance.
• Identity and Address Proof: Documents like PAN card, Aadhaar card, Passport, Voter ID etc. for all subscribers and directors as proof of identity and address. [Note: While the forms might ask for PAN, it is not publicly revealed]
• Declaration by First Directors (DIR-6):A declaration form signed by the proposed directors.
• Premises proof (Optional):A document proving the registered office address of the company (rent agreement, utility bill etc.). This might not be mandatory in all cases.

Q: Where can I find a list of all required attachments?

A: The Ministry of Corporate Affairs provides detailed information about the incorporation process and required documents. You can also consult a professional like a company secretary for guidance specific to your situation.

Q: Are there any fees associated with attachments?

A: Generally, there are no separate fees for attachments themselves. However, there are processing fees associated with the INC-7/INC-29 form submission through the MCA portal.

(iii) List of Main Industrial Division (Business Code Activity) and List of Business/Profession Codes

1. Main Division of Industrial Activity Code (Business Code Activity)

This list categorizes businesses based on their primary industrial activity. The MCA uses a simplified version of the National Industrial Classification (NIC) system, assigning a two-digit code to each main industrial division.

For example:

• Code 01: Agriculture, Hunting and related Service activities
• Code 23: Manufacture of textiles
• Code 29: Manufacture of machinery and equipment n.e.c. (not elsewhere classified)

You can find a complete list of these codes on the MCA website or through various resources online.

2. Business/Profession Code

This list categorizes businesses based on their profession or the nature of their services. It’s independent of the industrial activity codes.

For example:

• Code 1: Medical Profession and Business
• Code 3: Architecture
• Code 12: Information Technology
• Code 20: Others (This category is used for businesses not covered by the specific codes)

Similar to the industrial activity codes, a comprehensive list of Business/Profession Codes is available on the MCA website or through online resources.

Here are some resources that might be helpful:

• MCA Website: https://www.mca.gov.in/content/mca/global/en/home.html
• List of Industrial Activity Codes: You can search online for “MCA Industrial Activity Code List”
• List of Business/Profession Codes: You can search online for “MCA Business Profession Code List”

 

Case laws

• Ministry of Corporate Affairs (MCA) website: The MCA website likely has a downloadable document or webpage listing the codes. You can search their website for terms like “industrial activity code” or “business profession code”.
• Company registration service providers: Many companies offer assistance with company registration, and they may have resources available that include the code lists.
• Information portals: might have compiled information on these codes.

Here are some additional points to consider:

• The codes might be referred to as NIC codes (National Industrial Classification Codes).
• The Ministry of Corporate Affairs may update the list of codes periodically. It’s a good idea to ensure you’re using the most recent version.

 

EXAMPLE

1. Main Industrial Division (Business Code Activity)

This list categorizes the primary business activity of a company. It’s based on the National Industrial Classification (NIC) codes, but with some modifications for company registration purposes.

Here are some examples:

• Code 01:Agriculture, Hunting and related Service activities (farms, plantations)
• Code 23:Manufacture of textiles (garment factories)
• Code 29:Manufacture of machinery and equipment n.e.c. (general machinery manufacturing)
• Code 51:Wholesale trade (wholesalers of various goods)
• Code 72:Hotels and Restaurants (accommodation and food service businesses)

2. List of Business/Profession Codes

This list identifies the profession or nature of business of the company’s income source. It’s independent of the main industrial activity.

Here are some examples:

• Code 1:Medical Profession and Business (hospitals, clinics)
• Code 3:Architecture (architectural firms)
• Code 5:Interior Decoration (interior design companies)
• Code 10:Insurance Agency (insurance brokers)
• Code 12:Information Technology (IT companies)

Important Notes:

• You can find the complete list of Main Industrial Division (Business Code Activity) and List of Business/Profession Codes on the MCA website or through resources provided by companies that assist with business registration in India.
• When registering a company, you’ll need to select the appropriate code from each list based on your company’s core activity and income source.

FAQ QUESTION

Q: What are Main Industrial Division (Business Code Activity) and Business/Profession Codes?

A: These are classification codes used in India for company registration purposes. They help categorize businesses based on their primary activity.

• Main Industrial Division (Business Code Activity):This code identifies the broad industry sector your company operates in, such as agriculture, manufacturing, or transportation.
• Business/Profession Code: This code provides a more specific classification within the chosen Main Industrial Division. It could be anything from medical practice to film production, depending on your business nature.

Q: Where can I find these code lists?

A: The Ministry of Corporate Affairs (MCA) publishes these codes. You can find them on the MCA website or through resources offered by companies that assist with company incorporation. Here are some helpful resources:

• MCA (navigate to relevant sections on company registration

Q: How do I choose the right codes?

A: Carefully review the code descriptions provided by the MCA. Choose the codes that best reflect your company’s core activity. If you’re unsure, consider consulting a professional like a company secretary for guidance.

Q: Are these codes publicly available after company registration?

A: Yes. The chosen Main Industrial Division and Business/Profession codes become part of the company’s public records accessible through the MCA portal.

Here are some additional points to remember:

• These codes are important for various purposes, including statistical analysis, industrial policy formation, and regulatory compliance.
• Choosing the right codes ensures your company is classified correctly and receives relevant benefits or fulfills necessary regulations.
• The code lists might be updated periodically, so it’s advisable to refer to the latest version during company registration.