Every person desirous of forming a company in India needs to comply with specific steps. The procedure for company formation in India is mentioned in brief below:
Selection of the type of company
The promoters of the company need to determine the type of company to be formed i.e. private company, public company, non-profit making company etc depending on the operations and activity of the company, capital required, size of operations, method and amount of financing etc.
Submit an application for the Directors Identification Number (DIN) and Digital Signatures
The planned directors of the company are first and foremost required to get Director Identification Number (DIN). Should they have already been alloted a DIN No. earlier, it is necessary. Further, at least one of the directors must get Electronic Signature from prescribed authority. Every single document of the company would be filed only after getting digitally signed from a director or managing director or manager or secretary from the proposed company.
Deciding on a Suitable Name for the planned company
A minimum of six proposed names for the company to be formed, is selected by the promoters subsequently after careful observation of varied provisions, circulars, and also principles of the Ministry of Corporate Affairs (MCA). On delivery of the completed application in e-Form 1A, filled in up by its promoters, the designated Registrar of Companies agrees with the potential of adoption of the provided suggested names, such confirmation remains in force limited to a period of six months. Failure of submitting of the required paperwork from the promoters’ side within this time frame of six month, requires the filing of an additional application along with proposed names, and repayment of the requisite fees.
Drafting of Memorandum and Articles of Association
Composing of the Memorandum (M.O.A) and also Articles of the Association (A.O.A), is the very next action subsequent to obtaining approval of name from the Registrar. These two documents are of the critical significance as these include final goals (as likewise displayed in the e-Form) and valued & ideal principles & polices of the company. It ought to be noted that the primary objects must complement the objects shown in e-Form. The M.O.A and A.O.A need to be drawn up really scrupulously with great attention and concern, after having a comprehensive and elegant counsel of the concerned experts.
E-filing of numerous documents, stamped and digitally signed with the Registrar of Companies
Subsequent to finalising the MOA & AOA, the same are required to be filed before the Registrar of Companies together with necessary formation fees along with other papers as well as forms as may be required. Usually, the form 1, form 32, form 18, Power of Attorney etc. are filed together with the MOA & AOA.
Pay Required ROC Charges
The last action prior to the certificate of incorporation is generated is payment of the necessary fees to the Registrar of Companies. The fees depends upon the authorised capital of the company for limited liability companies.
Getting Certificate of Formation
After the censorious observation of the required papers specified in sections 33(1) and 33(2) in the company side, the Registrar registers the memorandum and articles of the association and provides a certificate of incorporation within a duration of seven days of receipt of the paperwork, as per the section 34(1).
After Certificate of Incorporation is received, the procedure for company formation for private limited company is completed. On the other hand, in case of limited company additional 2 steps are needed to be performed as given below.
The first additional step is to create and file prospectus / statement in lieu of prospectus for the purpose of getting certificate of commencement of business.
The ROC after delivery of the Prospectus/ Statement in lieu of prospectus along with required forms, issue Certificate of Commencement of Business for the company.
Getting certificate of commencement of business wraps up the process for company formation for limited company.
Are you planning to start a new business or expand your existing business in Delhi / NCR, India? If yes, registering your company is an essential step to ensure your success in the long run. Ahuja & Ahuja Chartered Accountants can help you register your company in India hassle-free.
Why Registering Your Company is Important?
Company registration is crucial for any business for the following reasons:
- Legal Protection: Registering your company provides legal protection to the business owners from personal liabilities. In case of debts or legal issues, the liability only attaches to the company, not the owners.
- Credibility: Registering your company adds credibility and legitimacy to your business, making it more attractive to customers, suppliers, and investors.
- Access to Capital: A registered company has better access to funding from banks and investors, as it is considered a more secure investment option.
- Tax Benefits: A registered company can avail various tax benefits and deductions, which can significantly reduce the tax liability of the business.
- Operational Flexibility: A registered company can choose to operate as a private or public limited company, which provides operational flexibility and scalability.
Our Company Registration Services:
Ahuja & Ahuja Chartered Accountants is a full-service Indian Chartered Accountants firm with over two decades of industry experience. Our team of expert and experienced Chartered Accountants can help you with the following company registration services:
- Private Limited Company Registration: Our team can help you register your private limited company in India, which is the most popular and preferred option for start-ups and small businesses.
- Public Limited Company Registration: We can also help you register your public limited company in India, which is suitable for large businesses and companies looking to raise capital from the public.
- One Person Company Registration: We provide one person company registration services, which is an excellent option for single entrepreneurs who want to establish a separate legal entity for their business.
- Foreign Company Registration in India: Our team can assist you with the registration of your foreign company in India, ensuring compliance with all legal and regulatory requirements.
- Company Registration Online: We provide seamless and hassle-free online company registration services, allowing you to register your company from the comfort of your home or office.
Why Choose Ahuja & Ahuja Chartered Accountants?
At Ahuja & Ahuja Chartered Accountants, we understand the complexities and nuances of company registration in India. Our team of experienced Chartered Accountants can guide you through the entire registration process, ensuring compliance with all legal and regulatory requirements. We provide customized solutions tailored to meet your business needs and objectives, ensuring your success in the long run.
Contact us today for all your company registration needs in Delhi / NCR, India. Our team of experts is always ready to help you achieve your business goals.
Frequently Asked Questions
How much paid-up share capital is needed to start a company?
There is no requirement for a minimum paid-up share capital to incorporate a company. Hence, one can start a company with any amount.
How Many shareholders are required to start a company?
The minimum number of members required to start a company are:
- Public Company – 7
- Private Company – 2
- One-Person Company – 1
What is the minimum number of directors needed to incorporate a company?
Every public company should have at least three directors, whereas a private company requires only two directors and an OPC requires only one director.
What are the steps to incorporate a company on the MCA portal?
The steps to incorporate a company on the MCA portal are:
- Step 1: Apply for the DSCs of all the directors
- Step 2: Obtain DINs of all the directors (can also be obtained through SPICE form at the time of filing the SPICE e-form)
- Step 3: Reserve a name under the RUN or SPICE form
- Step 4: Fill and submit all the forms linked to the SPICE+ form
Is it possible to apply for the company’s PAN, TAN, GSTIN, etc., at the time of filing its incorporation forms?
Yes, the MCA has introduced e-Form SPICE+ to incorporate a company, which also offers the following services:
- PAN registration
- TAN Registration
- GSTIN Registration
- Allotment of DIN
- Issue of EPFO, ESIC Registration
- Issue of Shops and establishment registration number.
How many names can be applied for through Form SPICE?
If a company wants to apply for a name and complete the process of incorporation simultaneously, it can apply for only one name. It can apply for two names if the forms are filed later and not at the time of applying for the name.
Is it mandatory to open a bank account in India?
Yes, opening a bank account in India is mandatory as all the subscription money will be received in that account. Besides, the company has to file the declaration of subscription money received in Form INC 20-A (commencement of business) within 180 days of incorporation of the company.
Can a company form a One Person Company (OPC) as an Indian subsidiary?
As per Rule 3 of Companies Rule, 2014, only a natural person who is an Indian and resident in India is eligible to incorporate the OPC. Hence, the question of body corporate or other organization form being the single-member doesn’t arise.
What are the types of companies that can be incorporated in India?
There are various types of companies that can be incorporated in India, such as private limited company, public limited company, one-person company, limited liability partnership, and section 8 company.
Can a foreign national be a director in an Indian company?
Yes, a foreign national can be a director in an Indian company, provided they have a valid Director Identification Number (DIN) and meet other eligibility criteria.
For any information / query regarding Company Formation Services feel free to contact us.