MCA

Company, LLP, or OPC formation is the legal process of registering a business entity with the Ministry of Corporate Affairs (MCA) in India. It gives your business a distinct legal identity and ensures compliance with Indian corporate laws.

• Company: A Private or Public Limited Company with multiple shareholders.
• LLP: A Limited Liability Partnership ideal for professional services.
• OPC: A One Person Company suited for solo entrepreneurs.

FilingWise simplifies business incorporation into easy steps:

1. Name reservation via RUN/Spice+ Part A.
2. Document submission (ID proof, address proof, passport-size photos).
3. Form Spice+ filing with MCA.

Incorporation Certificate, PAN & TAN issuance.

DIN (Director Identification Number) eKYC is the annual compliance filing for all directors holding an active DIN. It is mandatory to update your personal KYC details with the MCA.

The director needs to:

1. Submit Form DIR-3 KYC or DIR-3 KYC-Web (for repeat filings).
2. Verify mobile number and email ID via OTP.
3. Attach self-attested identity & address proofs.

If a director fails to file DIN eKYC by the due date, the DIN becomes deactivated. Reactivation is necessary to resume directorship roles and sign forms.

To reactivate, the director must:

1. File Form DIR-3 KYC with updated KYC documents.
2. Pay a penalty fee of ₹5,000.
3. Wait for MCA processing & DIN restoration

Form 11 is the Annual Return filing for all LLPs, detailing the partners, capital contribution, and business status. It must be filed within 60 days of the financial year-end.

1. Gather LLP agreement, partner details, and contribution data.
2. Prepare and digitally sign the Form 11.
3. File with MCA before the due date (usually May 30).

1. Form DPT-3 is used by companies (excluding government companies) to report outstanding loans, deposits, or money received not classified as deposits.

1. All companies with loans or non-deposit liabilities must file DPT-3 annually by June 30 of each year.

Steps include:

1. Classification of outstanding amounts.
2. Preparation of Form DPT-3 with auditor certification.

Filing the digitally signed form with the MCA.

It is a formal process of renaming your registered business entity with the Ministry of Corporate Affairs (MCA). This may be due to rebranding, mergers, or strategic shifts.

1. Board/Partner Resolution approving the name change.
2. Name application via RUN/Spice+ Part A.
3. Approval from ROC (Registrar of Companies).
4. Filing of necessary forms: MGT-14 (for company), Form 5 (for LLP), and Spice+ for amended COI.

It’s the official process to update the legal address of the company or LLP as recorded with the MCA.

Depending on whether the change is:

• Within the same city: File INC-22 (company) or Form 15 (LLP).

Inter-city or inter-state: Requires board resolution, altered MOA, and regional director approval.

This includes appointment, resignation, or removal of company directors (in a company) or designated partners (in an LLP).

1. Conduct board or partner meeting.
2. Pass a resolution for appointment or removal.
3. File Form DIR-12 (Company) or Form 4 (LLP)

Auditors are appointed or removed under the Companies Act for statutory audit purposes.

• Appointment: File Form ADT-1 after board/shareholder resolution.
• Removal before term: Requires approval from the Central Government (Form ADT-2)

• MOA (Memorandum of Association) defines the company’s scope.
• AOA (Articles of Association) outlines rules of internal management.

1. Board/shareholder resolution.
2. File MGT-14 with MCA.
3. For name/registered office changes: Amend relevant clauses in MOA/AOA.

This refers to increasing or reducing authorized or paid-up capital based on business requirements.

1. Board/Shareholder approval.
2. Alter MOA capital clause.
3. File Form SH-7 for capital changes.
4. For allotments, file Form PAS-3.

Demat (Dematerialization) is the process of converting physical share certificates into electronic form. As per MCA rules, all private companies must issue and hold shares in demat form if they are not small companies.

• MCA mandates it for transparency and ease of share transfers.
• Required before issuing new shares or filing certain MCA forms.

1. Open Demat account with a depository participant (NSDL/CDSL).
2. Sign agreements and submit shareholder KYC.
3. Apply for ISIN (International Securities Identification Number) via RTA (Registrar & Transfer Agent).
4. Upload shareholding data on MCA portal.

A dormant company/LLP is a registered business that is temporarily inactive but still wishes to retain its legal status. It is ideal for startups waiting for funding, businesses with no operations, or companies holding assets/intellectual property.

• No need for regular ROC filings.
• Avoid penalties for non-compliance.
• Low maintenance cost.

1. Pass Board or Partner resolution.
2. File Form MSC-1 (for Companies) or LLP Form 24 (for dormant LLPs).
3. Submit declaration of no significant transaction.
4. Wait for approval and Dormant status update from ROC.

Strike-off is the legal closure of a company or LLP that is no longer in operation. The Registrar removes the business from the MCA register, ending all statutory obligations.

• Company/LLP has no active operations for the past 1+ year.
• All liabilities are cleared.
• No pending litigation or regulatory obligations.

1. Close bank accounts and clear liabilities.
2. Hold Board/Partner meeting and approve closure.
3. File Form STK-2 (for companies) or LLP Form 24 (for LLPs).
4. Attach necessary documents: affidavits, indemnity bonds, statement of accounts.

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