SOP Incorporation

Standard Operating Procedure - Companies
The following is the SOP to be followed by all Startup Relationship Managers at IndiaFilings for
incorporation of Indian Company.
At the start of engagement, the RM must reach out to the client over phone and provide the list
of requirements from the client.
List of Requirement
1. 4 Name Choices, in the order of preference and business objectives.
Note: The name provided must be unique and must contain business activity (Example:
Fintech, Management Consultant, Technology, Restaurants, Manufacturing, etc.,) . The
name cannot be similar to any existing company name, LLP name or registered
trademark in India.
2. The following list of documents to be provided: [View Full List on IndiaFilings.com]
a. Indian Directors [PAN & Aadhaar/Passport]. Foregin Directors [Passport / ID
Proof].
b. Recent Bank Statement of Directors
c. Recent Utility Bill for Registered Office Premises
Name Approval
IndiaFilings will apply for name approval when name and business objective is provided. In case
there is a conflict on name approval with MCA or Trademark Database, the RM will intimate the
Business Advisor. The Business Advisor will discuss with the client or request the RM to
proceed with name approval within 1 hour. If BA does not give approval within 1 hour, the case
will be escalated to TL or BA and GM or BA. If BA doesn’t give approval within 24 hours, an
Executive will be intimated by the RM of matters pending with BA.
DSC and Incorporation

On obtaining name approval, the digital signature process for the client will start and
incorporation documents will be generated and sent to the client on the same day. The RM will
now follow up with client for collection of following documents:
1. INC-9, Signature Specimen, DIR-2, NOC document.
Once the entire set of documents are collected and digital signature is obtained, the RM will
forward the entire document to the filing team for checking and uploading via email the same
day of receiving from the client.
Incorporation Filing
The incorporation team will check the documents and provide OK or rejection to the RM. If OK,
the incorporation filing team will upload the documents to MCA for incorporation.
Checklist for RM Team
No Check Pass / Fail / Remarks
1 Is the name provided as per MCA Guidelines ? Did the

client provide 4 names ? Did the client provide a business
objective ?
2 Did the client provide PAN and AADHAR/Passport for all

Directors and Bank statement/Utility Bill of Directors ?
3 Did the client provide the correct utility bill (not older than 2
months) ? Is the address on the utility bill matching the
address provided by the client ? (For registered office
address)
4 Is Address updated correctly in the portal as per Utility bill?

Is the client aware that the address on CoI will be as per
Utility Bill ?
5 Is the client aware of the Name of Director on final

certificates as per name on the PAN Card ?
6 Is the DSC available or DSC completed for all Directors ?
7 DIN of Directors must be valid as per MCA portal if client is

Director in existing company
8 Are the MOA AOA objectives confirmed by the client ?

Check Authorized Capital, Paid up Capital, shareholder
pattern percentage on forms are correct
9 Are the INC-9, Signature Specimen, DIR-2, NOC

documents generated and signed off by the client ?
10 Is the name approved ? Is the name within expiry date or

expired ?
11 All Documents along with above forms sent to filing team

for incorporation filing
Checklist for Filing Team
No Check Pass / Fail / Remarks
1 Check if name is still available or expired
2 DSC is available for all dir/shareholders
3 Address should be updated correctly in portal as per Utility

bill
4 All Documents are available as per SOP and documents

such as Bank Statement, Utility Bill should not be older
than 2 months
5 All documents are legible to read and not tampered

(Scanned copy of original)
6 DIN of Directors must be valid as per MCA portal if client is

Director in existing company
7 Check Authorized Capital, Paid up Capital, shareholder

pattern percentage on forms are correct
Incorporation - Best Practices
1. Don’t use jargon. Instead use simple words.
● Don't say RM , BA - Instead say Incorporation Expert and Sales Advisor

● When you mention name resubmission or name rejection - explain to client
properly - Read out slowly the clarification raised by MCA and share via chat
2. During 1st call if the client says - we have provided the information to the Sales Advisor,
it is our duty to say - can you please confirm all the details once again as I will be your
Incorporation Expert and starting this process and we don't want mistakes to happen in
the name spelling . So pl confirm once
3. We must understand the significance of names proposed by the client
4. It is best not to commit on chances of Name approval since it is subject to MCA

approval. However we must guide clients to coin unique names based on available
names to improve chances of name approval in the 1st or 2nd attempt.
5. It is best for a Business Advisor to clearly mention the process will be done by his or her
Relationship Manager to avoid any confusion.
6. Guide client on name resubmission/ name rejection process - Guide client on unique
name guidelines - Resemblance, Descriptive, Trademark, Central/State Govt terms.
Refer to MCA Name Guidelines.
7. Mention clearly about documents required in 1st call and collect documents within 3rd
call. Review the documents and inform clients if any documents are not in order or
missing
8. Clearly mention name expiry date to client and guide client to submit all documents and
signed forms within 5 days of name approval
9. Check forms to confirm everything is correct and legitimate (no copy paste of sign etc)
10. Follow Incorporation SOP checklist to ensure all bases are covered before filing of
incorporation application.
11. Check with client if he or she is director in existing company and if DIN is activated or not

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Standard Operating Procedure - Companies

DSC and Incorporation

No Check Pass / Fail / Remarks

1 Is the name provided as per MCA Guidelines ? Did the

2 Did the client provide PAN and AADHAR/Passport for all

4 Is Address updated correctly in the portal as per Utility bill?

5 Is the client aware of the Name of Director on final

6 Is the DSC available or DSC completed for all Directors ?

7 DIN of Directors must be valid as per MCA portal if client is

8 Are the MOA AOA objectives confirmed by the client ?

9 Are the INC-9, Signature Specimen, DIR-2, NOC

10 Is the name approved ? Is the name within expiry date or

11 All Documents along with above forms sent to filing team

No Check Pass / Fail / Remarks

1 Check if name is still available or expired

2 DSC is available for all dir/shareholders

3 Address should be updated correctly in portal as per Utility

4 All Documents are available as per SOP and documents

5 All documents are legible to read and not tampered

6 DIN of Directors must be valid as per MCA portal if client is

7 Check Authorized Capital, Paid up Capital, shareholder

● Don't say RM , BA - Instead say Incorporation Expert and Sales Advisor

3. We must understand the significance of names proposed by the client

4. It is best not to commit on chances of Name approval since it is subject to MCA

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