Company Registration

Company Registration

Registering a company in India is quite straightforward. The company registration process is a completely carried out online. The ministry of corporate affairs (MCA) is the main portal used for company registration process. Registering a company provides added benefits and advantages for a company. Registering your company increases the reputation of your company. Company registration is seamless. However, registering your company requires going through step by step procedure. Hence it is important to consider using our services for company registration.

Package inclusions:
  • DIN and DSC for the Directors of the Company
  • Drafting of Memorandum of Association and Articles of Association
  • Registration fees and Stamp Duty applicable on the company
  • Company Incorporation Certificate
  • Company PAN and TAN
  • Certificate for Name Approval
  • GST process after company registration
  • PF Registration
  • ESI Registration
Company Registration

Overview on Company Registration

In India, company can be registered under different types like private Limited Company, Limited Liability Partnership, One Person Company. Setting up private limited company is one of the highly recommended ways to commence a business in India. Once you have decided to start a company, the first and foremost requirement is to select a favourable business structure to register the company in India. The choice of the right business structure will affect many factors starting from your business name, your liability towards your business, and also how to file your taxes and statutory dues. The financial and operational success of the company depends on the business structure, according to the process of online company registration in India.

One of the most cited legal structure options for businesses in India is a Private Limited Company Registration. Normally, Start-ups and potential companies prefer to have Company Registration as a private Limited company because it allows outside funding to be raised easily. It limits the liabilities of the shareholders and also enables them to offer Employee Stock Options (ESOP) to attract top talents. If you want to start a company in India, make sure you get Online Company Registration from our experts' help.

Benefits of Company Registration in India

Registering a company provides various benefits. It can help your business following ways:

  • It will be considered as a separate legal entity;
  • It protects from personal liability and ensures protection from other risks and losses;
  • Tax benefits are available to the directors of the company;
  • The company would be able to attract more customers;
  • The company will build goodwill for its brand;
  • With the help of company body structure, there can be a global reach;
  • Better dealing with suppliers, industries, vendors, and customers;
  • A registered company can sue or be sued in its name. The name of the entrepreneur will not be used here.
  • It is easy to distinguish oneself from others by entering into a corporate environment;
  • Ensures greater capital contribution and stability;
  • Enhances the potential for growth and further expansion;
  • Helps in procuring bank credits and investment from reliable investors easily.

Regulatory Authority for Company Registration in India

The primary regulatory authority for company registration process in India is the Ministry of Corporate Affairs (MCA). When an individual wants to establish a company, then all information and documents have to be submitted to the MCA for processing the application. After the company is incorporated specific documents have to be filed with the Registrar of Companies. Post incorporation compliances are also done with MCA.

Comparison between Different Company Structures

Here is some important information before you go ahead with company registration in India.

 

PRIVATE

LLP

OPC

PROPRIETORSHIP

 

 Members

 

Minimum 2

 

Minimum 2

 

1

 

Maximum 1

 

Legal Status

 

Separate Legal Entity

 

Separate Legal Entity

 

Separate Legal Entity

 

Not considered as Separate Legal Entity

 

Liability of Members

 

Limited to the extent of share capital

 

Liability of members is limited

 

Limited to the extent of share capital

 

Unlimited Liability

 

Registration

 

 

 

Registration under MCA

 

Registration under MCA

 

Registration under MCA

 

Not mandatory

 

Transferability

 

 

Permitted

 

Permitted

 

Permitted to only one person

 

Not Permitted

Check List for Registering a Company in India

Before moving ahead with the process of registration, we advise you to go through the following checklists:

  • Minimum 2 Person/Directors

    To register as a private Limited company in India, a minimum of two persons is required, who must act as shareholders or directors of the company and a company can have up to 15 directors. If the shareholders are foreign nationals then the requirement of submitting a passport and other documents is mandatory.

  • Unique Name

    The name of the business should be unique and the proposed name should not be similar to any existing companies. Moreover, you also need to verify the trademark registry to ensure that the name is not similar to any registered or applied trademark in India. The name of the company must not go against any provisions of any intellectual property law in force in India. The name must not go against the Copyrights Act or the Trade Marks Law of India.

  • Capital Requirement

    Investment must be made as per the necessity of the business, and there is no least capital requirement for a company. However, while measuring capital, even the Government fee is added. Minimum capitalisation requirements are considered under this.

  • Registered Office

    The registered office does not need to have a commercial space. Even a rented home can become a registered office, but NOC from the landlord should be obtained.

Procedure to Online Register a Company in India

By registering a company start-ups enjoy various benefits as it offers them an advantage over those who have not registered. The process of registering a company may be complex for some as it involves different compliances.

Below we have discussed the process of company registration:

  • Application for DSC (Digital Signature Certification)

    The first step in making an application for company registration is applying for a Digital Signature Certificate (DSC). A digital signature certificate is a legal document which is used for verification of information. Usually the digital signature certificate is used for signing some electronic documentation. Hence, when incorporating a company, remember to apply for the DSC with the Ministry of Corporate Affairs (MCA).

  • Application for DIN ( Director Identification Number)

    Once you have applied for the DSC, it is crucial to apply for the director identification number also known as DIN. DIN would indicate that all compliances have been met by the company when recruiting a director. The applicant for company registration has to apply for the director identification number for the company.

  • Name Availability of Company

    Next step is to check the company name. This process is mandatory under company registration. When you check the name of the company, the portal will intimate you if the name is already chosen and if it goes against any provisions of intellectual property law in force in India. Checking the name availability of the company can be carried out online on the MCA portal.

  • Filing Memorandum of Association and Articles of Association Online

    The applicant for company registration has to file documents such as the memorandum of association and articles of association online. Filing these documents would provide legal certainty of formation of the company. This process must be carried out through the Ministry of Corporate Affairs Portal.

  • Application for PAN and TAN

    After all filings are complete, the applicant must consider applying for securing a PAN and TAN number.

  • Certificate of Incorporation

    Once the above process is over, the MCA and ROC will review the application and if there are no issues, then a certificate of incorporation would be granted to the applicant. The certificate of incorporation is a legal document which provides some form of legal status to the company.

Online Company Registration: Documents required

There are certain essential documents that are required for the registration process. They are as follows:

  • Copy of PAN Card or Passport of directors (Foreign Nationals &NRIs)
  • 2 Passport size photographs of directors of the company
  • ID proof such as Aadhaar Card or Voter identity card of directors
  • Copy of address proof rent agreement or property papers
  • Electricity or Water bill of company place
  • Landlord NOC in case of rented office
  • In the case of personal property, a copy of sale deed or property deed
  • For foreign nationals, a notarized copy of the passport must be submitted mandatorily. Only valid documents need to be submitted. The residence proof documents like a bank statement or electricity bill must be less than two months old.
  • Registered Office Proof

Note- To get company registration in India, the company must have a registered office. In order to prove the functionality of the registered office, a recent copy of the electricity bill or the property tax receipt or water bill must be submitted. Along with the rental agreement, utility bill, or the sales deed and a letter from the landlord with her/his consent to be used to register the particular address as the registered office.

Recent updates- Company Registration

  • Mar 9, 2020- SPICEe+ Form requires Mandatory Registration of EPFO & ESIC
  • After the introduction of SPICe+ (e-form) for incorporation of company, registrations for EPFO and ESIC shall be mandatory for all the registered organizations, and none shall be separately issued by the respective agencies.
  • Mar 06, 2020- Company Registration must be done in a new MCA portal
  • A Public, Private, and one person company registration in the EPFO, ESIC will be done on the new MCA portal. It simplifies the registration process by using a new web form SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus), integrating ten services from various departments.

How Enterslice will help you

Fill The Form

Get a Callback

Submit Document

Track Progress

Get Deliverables

Frequently Asked Questions

The process of company registration is completely an online process. Prior before the introduction of the Companies Act 2013, this process was both an online and offline process. However the government have made this process more online with a view of making India digital.

AOA or Articles of Association represent the bye laws of the company. They state what the company can do and what the company cannot do. Memorandum of Association (MOA) represents the objects of the company. For example, if a company is formed to carry out only respective activities, then the company should only carry out those activities.

Yes a physical premise is required for the company. This is required as all forms of liaising with the company will occur with different government officials. Apart from this, when the company has to file tax returns then the same will be considered.

Though the process of registering a private limited company in India is online it may take about 2 weeks (14 working) days to have your company fully registered.

The provisions of the Companies Act, 2013 will be applicable to choosing a suitable name of the company. The name of the company must be in accordance to the objects of the memorandum of association.

DSC stands for digital signature certificate. It is a certificate which is used when documents are submitted electronically. Making e-signatures is simplified using a DSC. DIN is the director identification number. Usually this number is provided at the time of appointing a director. However, when the certificate of incorporation is provided then through the SPICe form this is allocated.

No, there is no expiration date of the certificate of incorporation for a private limited company. Once the certificate is issued, the company continues to carry out business until and unless it is closed or deregistered.

Yes a foreigner or NRI can become a director of a private limited company. There is no requirement for the company to take any form of official consent.

Some of the compliances which have to be adhered by a private limited company are:

1. Auditor Appointment.

2. Convene AGM.

3. Income Tax Return filing.

4. Filing of Annual Return and financial statements etc.

The name of the company can be protected by applying for a trademark and a copyright respectively. This can be obtained through the IP office in India.

It is only possible to check entities which are registered with SEBI, if the entity has its shares registered in a particular stock exchange.

The process to check Indian company registration can be done online through the MCA portal.

The process of company registration can be checked through the MCA portal. The status of the company would be displayed in the portal.

The following are the types of company registration:

Private Limited Company

Public Limited Company

One Person Company

Related Articles

Related Articles
28 Sep, 2021
Company Registration

Everything about a Company Registration Certificate

There used to be a time when the process of registering a corporation took a significant amount of time and effort. Fortunately, in recent times, the regis...

Read More
26 Sep, 2021
Corporate Policy, Legal

All about the Doctrine of Indoor Management under Companies Act 2013

The doctrine of indoor management, commonly referred as "TURQUAND'S RULE," is a 150-year-old notion that protects outsiders from the company's activities....

Read More
18 Sep, 2021
Company Registration

7 types of Companies Registration in India

The term "company" refers to any legal entity created and regulated as per the Companies Act of 2013. The main factor to consider when establishing a...

Read More
17 Sep, 2021
Corporate Policy, Legal

Unpacking the scope of Corporate Governance Trends

The conception of ‘corporate governance trends' is not a goal in itself; rather is only the outset of a company's growth for long-term profitability. Cor...

Read More

Why Enterslice?

Top 100 Most Innovative Companies in Asia

Top 100 Most Innovative Companies in Asia - Red Herring

Forbes 30 Under 30 in American business

Forbes 30 Under 30 in American business and industry figures Lists.

Services delivered by 300+ Qualified CA and CS

Services delivered by 300+ Qualified CA and CS

Top 100 Most Innovative Companies in Asia - Red Herring

Top 100 Most Innovative Companies in Asia - Red Herring

Trusted Partner

Hey I'm Suman. Let's Talk!