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
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.
- 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.
- Legal Recognition: Establishes the company as a distinct legal entity.
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 shareholder.
Filing with Authorities: Submit the required documents to the relevant government authority, such as the Registrar of Companies (ROC) in India. This may 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 Number), opening a bank account, and adhering to ongoing filing and reporting obligations.
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.
- Identity Proof: Aadhar Card, Passport, Voter ID, or Driving License.
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.
- Document 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.
- Consultation on Business Structure: Helping you choose the appropriate type of company based on your needs.
- 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.
Legal Disclaimer
The information on this website is provided for general informational purposes only. It does not constitute legal or professional advice. We do not guarantee the accuracy, timeliness, or completeness of the information provided. You should always seek the advice of a professional consultant or attorney regarding your specific situation. Use of this website is at your own risk and subject to our Terms of Use.
SS Auditors understands the importance of client satisfaction and strives to provide high-quality auditing services. However, it is important to note the following refund policy:
Cancellation & Refund Policy
S S AUDITORS AND TAX CONSULTANTS believes in helping its customers as far as possible, and has therefore a liberal cancellation policy. Under this policy:
• Cancellations will be considered only if the request is made immediately after placing the order. However, the cancellation request may not be entertained if the orders have been communicated to the vendors/merchants and they have initiated the process of shipping them.
• S S AUDITORS AND TAX CONSULTANTS does not accept cancellation requests for perishable items like flowers, eatables etc. However, refund/replacement can be made if the customer establishes that the quality of product delivered is not good.
• In case of receipt of damaged or defective items please report the same to our Customer Service team. The request will, however, be entertained once the merchant has checked and determined the same at his own end. This should be reported within Only same day days of receipt of the products. In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within Only same day days of receiving the product. The Customer Service Team after looking into your complaint will take an appropriate decision.
• In case of complaints regarding products that come with a warranty from manufacturers, please refer the issue to them. In case of any Refunds approved by the S S AUDITORS AND TAX CONSULTANTS, it’ll take 3-5 Days days for the refund to be processed to the end customer.Legal Disclaimer
The explanations and information provided on this page are only general and high-level explanations and information on how to write your own document of a Shipping Policy. You should not rely on this article as legal advice or as recommendations regarding what you should actually do, because we cannot know in advance what are the specific shipping policies that you wish to establish between your business and your customers. We recommend that you seek legal advice to help you understand and to assist you in the creation of your own Shipping Policy.
Shipping Policy - the basics
Having said that, a Shipping Policy is a legally binding document that is meant to establish the legal relations between you and your customers. It is the legal framework for presenting your obligations to your customers, but also to address different possible sicarios that may accrue, and what happens in each and every case.
A Shipping Policy is a good practice and it helps both sides - you and your customers. Your customers may benefit from being informed about what they can expect from your service. You may benefit because people may be likely to shop with you if you have a clear Shipping Policy in place since there won't be any questions about your shipping timeframes or processes.