What is Company Registration ?
Company registration in India refers to the legal process of incorporating a new company under the Companies Act, 2013. It involves registering a business entity with the Ministry of Corporate Affairs (MCA) and obtaining a Certificate of Incorporation (COI).
Company registration is the legal process of establishing a company as a recognized entity under the law. It involves officially creating a business entity that has its own legal identity, separate from its owners or shareholders.
Benefits
- Legal Recognition : Establishes the company as a distinct legal entity.
- Limited Liability : Protects owners' personal assets from business liabilities.
- Business Continuity : Ensures perpetual succession, independent of changes in ownership.
- Credibility : Enhances the company's reputation and trustworthiness.
- Access to Funding : Facilitates easier access to bank loans and investment.
- Tax Benefits : Allows for various tax advantages and incentives.
Process
Choosing a Business Structure
Decide on the type of company you want to form, such as a Private Limited Company, Public Limited Company, Limited Liability Partnership (LLP), or another structure.
Name Reservation
Select a unique name for your company and ensure it is available and complies with legal guidelines. This often involves checking name availability with the relevant regulatory body.
Preparation of Documents
- Memorandum of Association (MOA) and Articles of Association (AOA)
- Proof of address of the company’s registered office
- Identity and address proofs of directors and shareholders
Filing with Authorities
Submit the required documents to the relevant government authority, such as the Registrar of Companies (ROC) in India. This\r\nmay include filling out various forms and paying registration fees.
Obtaining Certifications
After submission, the company receives a Certificate of Incorporation, which serves as proof of the company’s legal existence. This certificate is issued by the regulatory authority.
Compliance Requirements
Post-registration, the company must comply with various regulatory requirements, such as obtaining a PAN (Permanent Account\r\nNumber), opening a bank account, and adhering to ongoing filing and reporting obligations.
Documents Required
For All Types of Companies
Director and Shareholder Documents:
- Identity Proof: Aadhar Card, Passport, Voter ID, or Driving License.
- Address Proof: Utility bills (electricity, water), bank statement, or rent agreement.
- Photographs: Passport-sized photographs of directors and shareholders.
Registered Office Proof:
- Proof of Address: Utility bill (electricity, water, gas) or rent agreement in the name of the owner or tenant.
- NOC (No Objection Certificate): If the office is rented, a NOC from the landlord.
Incorporation Documents:
- Memorandum of Association (MOA): Outlines the company’s objectives, activities, and scope.
- Articles of Association (AOA): Defines the rules and regulations for the company’s internal management.
- Declaration by the Director(s): A declaration confirming that the requirements of the Companies Act, 2013 have been met.
Form Filing:
- Form DIR-3 : Application for Director Identification Number (DIN) for all proposed directors.
- Form INC-32 (SPICe) : Simplified Proforma for Incorporating Company electronically, used for company registration.
- Form INC-22 : For the registered office address of the company.
Additional Requirements for LLP
LLP Agreement : Draft an agreement detailing the rights, duties, and responsibilities of the partners.
Additional Requirements for Foreign Companies
Documents for Foreign Directors/Shareholders: Passport and address proof, along with a certificate of incorporation from the home country.
Power of Attorney: Authorizing an Indian resident to act on behalf of the foreign company.
Our Support?
SS Auditors provides comprehensive support for company registration in India, ensuring a smooth and compliant process. Our services include :
Consultation on Business Structure : Helping you choose the appropriate type of company based on your needs.
Name Reservation Assistance : Guiding you through the process of selecting and reserving a unique company name.
Documentation Preparation : Assisting in the preparation and verification of all required documents, including MOA, AOA, and incorporation forms.
Filing with Authorities : Managing the submission of documents to the Registrar of Companies (ROC) and other relevant authorities.
Certification Procurement : Ensuring you receive the Certificate of Incorporation and other necessary certifications promptly.
Post-Registration Compliance : Providing ongoing support to help you meet regulatory requirements, such as obtaining a PAN, opening a bank account, and maintaining statutory records.
Frequently Asked Questions
- Private Limited Company
- Public Limited Company
- Limited Liability Partnership (LLP)
- One Person Company (OPC)
- Sole Proprietorship
- Partnership Firm
- Legal Recognition
- Limited Liability Protection
- Enhanced Credibility
- Business Continuity
- Access to Funding
- Tax Benefits
The registration process typically takes between 7 to 15 working days, depending on the completeness of the documentation and the processing time of the Registrar of Companies (ROC).
It is required for the electronic submission of forms and documents to the Registrar of Companies (ROC) during the registration process.
The name should be unique and comply with the naming guidelines provided by the Ministry of Corporate Affairs (MCA). It is advisable to check the availability of the name on the MCA portal before applying.
Yes, foreign nationals and foreign companies can register a company in India. Additional documents, such as a passport, address proof, and a certificate of incorporation from the home country, may be required.