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Company Registration

Limited liability.
At least two members.
Not more than two hundred members.
Restricted rights to transfer shares.
A minimum of two directors.
No minimum capital requirement (earlier it was Rs. 1,00,000).
Compulsory use of the words private limited.
Noting the above words in the Memorandum is mandatory

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    Overview of Company Registration

    India has been one of the largest and fastest growing economies in the world. Once tauted as an emerging economy, now it holds the position among the financial superpowers of the world. This has attracted domestic as well as a foreign investment towards India. Many business promoters are willing to start a business in our country through Company Registration. As per the rules of the Companies Act, all new entities willing to work as a company in India needs to get a registration certificate from the Registrar of Companies (RoC). The registration process can be made hassle-free by taking assistance from the efficient and knowledgeable team of Muds. In the following sections, we have illustrated the process of registration with details regarding documents required and compliance regulations to be followed.

    Company Registration in India is a complex process. One might need assistance from legal consultants to understand the complete process of registration. Let us understand in the following sections how to register a company in India in easy steps.

    Private Company Registration

     

    Steps of Private Company Registration

    Step 1: Obtaining Digital Signature Certificate (DSC)

    The process of private limited company registration is initiated by getting digital signature certificates for all the directors of the applicant firm.  Getting the DSC is essential as the directors need to sign various documents digitally during the registration process of Private Limited Company.

    Step 2: Obtaining DIN

    This step involves getting Director Identification Numbers (DINs) for all the directors. Once DIN is activated for directors then they don’t need to apply for it again. It is valid for directorship in any firm.

    Step 3: Name Availability Check

    The firm must choose a unique name for it. The name availability should be checked on the MCA’s portal. Only a unique name should be picked for the company after verification from the portal for registration.

    Step 4: Form SPICE INC-32

    The online application for registration is made through the SPICE INC-32 form. The documents for registration are uploaded online along with the registration form. The copy of original documents along with the registration form is also sent to the regional office of RoC.

    Step 5: MoA and AoA

    Memorandum of Association (MoA) and Articles of Association (AoA) are two essential documents containing objectives and road map of company’s growth plan for next 3 years. These documents are submitted with the application form during registration.

    Step 6: PAN and TAN Application

    Submission of PAN number and TAN registered in the company’s name.

    LLP Registration

    Even for LLP registration, a company should get the DSC and DIN for its designated partners.
    The LLP-RUN portal has a form that needs to be filed to reserve a name for the proposed LLP. The name registration process is completed by the Central Registration Centre after thorough research conducted to assure name’s uniqueness. The applicant can check the name’s uniqueness on their own by using MCA’s portal. The name reservation form should be filed with the requisite fee for name registration.
    The form used for LLP registration is called FiLLiP(Form for incorporation of Limited Liability Partnership). This needs to be filed with the regional RoC as per the location of the LLP. The form also has the meaning to apply to DPIN (Designated Partner Identification Number) which is similar to the DIN.
    Next step includes filing of Limited Liability Partnership agreement on the MCA’s portal through Form 3 under 30 days of incorporation.

    Public Company Registration

    Following are the steps for registration of Public Company

    To register a public company, a minimum of 3 directors with 7 shareholders are needed. The said shareholders can be individual investors, private companies, or LLPs. However, directorship of the firm can only be held by an individual.
    Even for these entities, all directors need to obtain their DSCs and DINs.
    The company must have a registered location to operate from. Also, for this type of entity, there is no requirement to have any necessary authorised capital for company incorporation. The fee for incorporation of a company will vary with the declared authorised capital of the company.
    The company should also file for name approval with a unique name. The name should always contain ‘Limited’ at its end. The name should be as per the guidelines of the MCA. The name application must be filed on the RUN portal of the MCA.
    The Company Name documents like MoA, AoA, and others must be submitted to the RoC office.

    Company Registration and Certificate of Incorporation

    The RoC registers a company after thorough verification of documents submitted by it. It verifies that the registration application and the name of the company is as per guidelines of the Companies Act, 2013 or not. Post satisfactory evaluation, the company gets a Corporate Identification Number (CIN) with Certificate of Incorporation (CoI). The certification is also issued in digital form. Post incorporation, the companies should meet all the compliance norms as per the MCA’s standards.

    Document Required

    Documents For Registration Of Private Limited Company

    For a smooth new company registration process, the following documents and details should be kept ready:

    Some options for name of the proposed company
    Amount of Share Capital and also the proposed ratio for holding the shares.
    A passage explaining the major line of commerce of the organisation.
    City of Registered Office of the company.
    Copy of ownership deed or sale deed (if you own the premises)
    Multiple Copies of PAN Card of directors along with the shareholders.
    Copy of latest serviceableness bills, for example electricity bill or telephone bill as proof of registered office.
    Any address proof for directors as well as shareholders (like: Driving License, Passport, or Voter ID)
    Copy of latest electricity bill, telephone bill, or mobile bill for directors.

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      Occupation of directors as well as shareholders.
      E-Mail IDs of all directors and shareholders.
      Phone Numbers of all directors and shareholders.
      Photographs of all directors and shareholders.
      Duplicate of rent accord along with No Objection Certificate (NOC) from the landlord (if in case the office premise is rented).
      Affidavits for non- acceptance.
      If in case there is a change in the original subscribers of MOA, then the No Objection Certificate (NOC) is also required,
      Subscriber Sheets of MoA and the AoA.
      PAN Card of the company.
      Proof of Nationality which is needed if the subscriber is a foreign national.

      PRIVATE LIMITED COMPANY REGISTRATION

      Basic Standard Premium
      DSC & DIN DSC & DIN DSC & DIN
      Company Name Approval Company Name Approval Company Name Approval
      Company Registration Company Registration Company Registration
      Drafting & Filing of MOA & AOA Drafting & Filing of MOA & AOA Drafting & Filing of MOA & AOA
      TAN & PAN TAN & PAN TAN & PAN
      GST Registration GST Registration GST Registration
      Issue share certificate and Pay Stamp Duty Annual Secretarial Compliances

      LIMITED LIABILITY PARTNERSHIP(LLP)

      Basic Standard Premium
      DSC & DIN DSC & DIN DSC & DIN
      LLP Name Approval LLP Name Approval LLP Name Approval
      LLP Registration LLP Registration LLP Registration
      Drafting & Filing LLP Agreement Drafting & Filing LLP Agreement Drafting & Filing LLP Agreement
      PAN Application PAN PAN
      GST Registration GST Registration GST Registration
      Corporate Law Compliances Corporate Law Compliances
      Book Keeping upto the turnover of ten lakhs or 250 entries whichever is higher

       

      Alternately Call our Legal Expert Now For Free Consultation at 09599653306

      Frequently Asked Questions on Company Registration

      AOA (Articles of Association) represents the bye-laws of the corporate board. It states the dos and don’ts for the corporate. Memorandum of Association (MOA) represents the objective of the corporate. It states the objectives of the corporate that it wants to achieve through its activities.

      The procedure of company registration is completely online. Prior to the enactment of the Companies Act 2013, this process was available in both online and offline mode. However, the Government has made this process completely online to promote the digitisation of services.

      Yes, a physical premise is required to start a corporate or business. This is so because all sorts of liaising with the corporate will occur with different Govt. officials and the same will be considered when the corporate has got to file tax returns.

      The name of the corporate must be following the objects of the (MoA) Memorandum of Association. The rules of the Companies Act, 2013 are going to be applicable while picking the appropriate name for the corporate.

      Even though the method of registering a Pvt. Ltd. Company in India is completely online, it takes about 2 weeks (14 working) days to get the company registered.

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