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How to Register a Company in India?

 

Registering a company in India is now a simple 4-step process

 

Step 1: Digital Signature Certificate (DSC)

As the registration process of the company is completely online, Digital signatures are required to file the forms on the MCA portal. DSC is mandatory for all the proposed directors and the subscribers of the Memorandum of Association (MoA) and Articles of Association (AoA).

DSC can be obtained from government recognised certifying authorities. The list of such certified authorities can be accessed here. DSC can also be obtained online in just two days from here. Class 3 category of DSC must be obtained by the directors and subscribers of MoA and AoA.

 

Step 2: Director Identification Number (DIN)

The Director Identification Number (DIN) is an identification number for a director and it has to be obtained by anyone who wants to be a director in a company. The DIN of all the proposed directors of the company along with the name and the address proof are to be provided in the company registration form. DIN can be obtained while filing the SPICe+ form, i.e. company registration form. 

SPICe+ is a web-based company registration form, through which DIN can be obtained for a maximum of three directors. If there are more directors in the company and they do not have a DIN, the company can be incorporated with three directors and it has to appoint new directors later on after incorporation. The appointed directors can obtain DIN by filing the DIR-3 form since only the proposed directors of an existing company can apply for DIN in the SPICe+ form.

 

Step 3: Registration on the MCA Portal 

To apply for company registration, the SPICe+ form is to be filled out and submitted on the MCA portal. To fill out the SPICe+ form and submit documents, the director of the company has to register on the MCA portal. After registration, the director can log in and will obtain access to the MCA portal services which include filing e-forms and viewing public documents.

The company must also reserve its name by submitting two proposed names in the Part-A of the SPICe+ form. The reservation of the name is essential because if the company name is similar to the name of an existing/registered company, LLP, trademark or it contains words prohibited under the Companies (Incorporation Rules) 2014, the SPICe+ form will get rejected. 

If the SPICe+ form gets rejected due to non-approval of the company name, the applicant has to re-file another SPICe+ form for the reservation of a new name by paying the prescribed fee. However, after the approval of the name filed in Part-A of the SPICe+ form, it will be reserved for a period of 20 days within which the company must fill Part-B of the SPICe+ form and submit the form online. The applicant must provide the details of the company and directors in the Part-B of the SPICe+ form, attach documents, attach DSC, check the form and submit it. 

 

Step 4: Certificate of Incorporation

Once, the registration application is filled and submitted along with the required documents, the Registrar of Companies will examine the application. Upon verification of the application, he will issue the Certificate of Incorporation of the Company.

The Certificate of Incorporation is issued with PAN and TAN as allotted by the Income Tax Department. An electronic mail with a Certificate of Incorporation as an attachment along with PAN and TAN will also be sent to the applicant.

With this, we have covered the basics of how to register a company.

 

Documents required for Company Registration

 

The general documents that are to be submitted for registration of LLP, One Person Company, Private Limited and Public Limited Company are as follows:

Documents of the Directors and Shareholders of the company/ Partners of the LLP

 

Proof of identification of all the company’s directors and shareholders (partners in case of LLP). Any one of the below documents can be submitted as proof of identification:

  • Pan card
  • Aadhar card
  • Driving license
  • Passport 
  • Proof of address of all the directors and shareholders (partners in case of LLP). Any one of the below documents can be submitted as address proof:
  • Latest telephone bill (not older than 2 months) 
  • Latest electricity bill (not older than 2 months)
  • Bank account statement having address 
  • DIN (DPIN in case of LLP) and DSC of all the directors (partners in case of LLP)

 

Documents of the Company/LLP

  • Proof of registered office of the company. The below documents must be submitted as address proof of the company:
    • Tenancy/rental agreement between the landlord and company/LLP
    • Letter or NOC from the landlord of his/her permission to use the office/premises as the LLP’s/company’s registered office. 
    • Sale deed of the company/LLP office premises in the name of the company/LLP
  • The Memorandum of Association (MoA) which contains the objects of the company for which the company is going to be incorporated and the liability of the members of the company.
  • The Articles of the Association (AoA) which lays down the by-laws on which the company will operate.

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