Company Registration doesn't means incorporating a Private Limited company we can incorporate or make various types of company which includes like Public Limited Company, Nidhi Company, One Person Company, Government Company, Non-Government Company, Dormant Company, Producer Company, Subsidiaries, Holding etc etc… and list goes on…
Now let's Discuss about the word “Company” what does it mean from where it originate?
The English word, "company", has its origins in the Old French term compagnie meaning "society, friendship, intimacy; body of soldiers", which came from the Latin word companio ("one who eats bread with you")
Company simply means a group of two or more people which come together and form a company to run a business by carrying and to acheive their goals and ambitions.
How to Register a Company in India?
- There must be atleast minimum directors and number of subscribers must be there as per the limit of prescribed company like for Private limited you need minimum of 2 directors and 2 member for Public need minimum 3 directors and 7 members etc etc….
- 15 directors as per the companies act, 2013 but which can be increased later by passing a resolution.
- At least One director must be resident of India among two.
- Director must be major and not of unsound mind and incapacity to do the task as per the law.
- Company must have a registered office situated in India.
- There is no minimum capital requirement for incorporating a company in India.
- Every company must have to comply with all the regulatory and legal compliances with ROC.
- Company must have a legitimate purpose to run the business.
Now let’s Discuss about the documents need for registering a private limited company in India: -
First of all, documents required related to the director/ shareholders of company are
- Educational qualification that they had completed till now or pursuing,
- KYC Documents i.e., Aadhar Card, Pan Card, Photograph of all the Directors, Mail I’d & Mobile Number of all the directors, Bank statement of all the directors, DIN if having with any director.
- Digital signatures certificate of all the directors and shareholder if they are different.
- Declaration by the Director under form number DIR-2 about the consent of becoming director and enclosing the Directorship or holding of any interest in any company.
Now secondly, we need documents related to the company i.e.,
- 4 proposed names of the company going to incorporate. Why we are asking for 4 names because if any resubmission or issue arise alike that then we can use 2 other alternate names for the company incorporation.
- Share capital of the company clearly stating the share of every shareholder in the said capital.
Now lastly, we need the documents related to the registered office of the company i.e.,
- No objection certificate for the registered office from the owner of property stating clearly of having no issue for taking registration at that place.
- Rent Agreement required if the property is not on the name of company going to incorporate.
- Latest electricity bill or any other utility bill is required for the proof of address office of company but it can’t be older than 2 months.
Note: - For Foreign Nationals Notarized documents, passport-sized photograph, passport and address proof.
Registration of the company includes several steps: -
- Acquire a Digital Signature Certificate (DSC)
- Director Identification Number (DIN)
- Name Reservation of the Company i.e., Spice+ Part A
- Submission of Company details i.e., Spice+ Part B
- Preparation and submission of Incorporation forms (INC-33 MOA, INC 34 AOA, INC 35 Agile Pros, INC-9)
- After all the process we will get the Certificate of Incorporation (COI) and other ancillary documents.
- Post-incorporation compliances.
How to check the Status of company whether Registered or Not?
For that we have to login on MCA V3 portal by the credentials of those who has registered that and in that they show the status of company in registration process.
Author
Gaurav Singh
Indian Company Formation Advisor | Chartered Accountant
Experienced Chartered Accountant with a strong background in US GAAP, IFRS, and IndAS. Successfully cleared the Chartered Accountancy examination in November 2017 and the Financial Reporting and Regulation exam of US CPA.
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