A Quick Overview of Company Registration in India

Here is a quick overview of company registration in India:

Process of Company Registration in India 

Following is the process for registration of a company:

Step 1: Check Company Name Availability

The first step is to check company name availability in India. To do this, you must refer to either the official MCA portal or our platform. If the company name of your choice already exists, you must choose a different company name that isn’t already taken. 

Step 2: Gather Relevant Documents

Now, the next step is to furnish all the documents and get them certified by a Chartered Accountant or a Company Secretary. After ensuring you have all the documents, you will become one step closer to getting your company incorporated.

Step 3: Apply Digital Signature Certificate

You must file the application for business registration online. For this, you need the DSC. DSC is an electronic signature that is necessary to authenticate the documents you upload on the MCA portal.

Step 4: Secure Director Identification Number

Acquire the director identification number (DIN) to access the company registration’s application form. Without a DIN, an individual cannot be a company director. 

Step 5: Draft the MOA and the AOA

You must draft the Memorandum of Association to highlight your company objectives. These documents state the rules and regulations that your company must adhere to.

Step 6: Apply for Business registration via Spice+ Form

The Spice+ form is the application for registration of companies in India. It is detailed, intuitive, and provides enough info for a commoner to fill out the application form.

Step 7: Application Form Processing by RoC

The Registrar of Companies will assess your application form. If you have made no mistake, the RoC will issue your company a certificate of incorporation. This certificate will contain a unique company incorporation number. After this, your company will officially be a legal entity registered with the Ministry of Corporate Affairs.

Timeline for Company Formation in India

Below, we have provided you with a detailed timeline for company formation in India:

Documents Required for Company Registration

Following is the list of documents required for registering a company in India:

• PAN card of the Indian directors of the Company

• Aadhaar Card of the Indian directors of the Company

• Passport of the foreign directors, if any.

• Latest Utility Bills

• Proof of Residence

• NOC of the registered office address

• Passport-size photographs

• Digital Signature Certificate (DSC)

• Director Identification Number (DIN)

• Memorandum of Association (MOA)

• Articles of Association (AOA)

Eligibility Criteria for Company Registration

To register a company, you must fulfill the following eligibility requirements:

• Minimum No. of Shareholders: 

• 1 shareholder for One Person Company, 

• 2 or more shareholders for Pvt Ltd Company & Section 8 Company, 

• 7 or more shareholders for Public Limited Company & Nidhi Company, 

• 10 individuals for Producer Company. 

• Minimum No. of Directors:

• 1 director for OPC,

• 2 directors of pvt ltd company,

• 3 directors for public ltd company,

• If a Section 8 company is a pvt ltd, then 2 directors are required. In case it is a public ltd, 3 directors are required,

• 3 directors for nidhi company,

• 5 directors for producer company.

• Resident Director: At least one director in a company needs to be a Resident Director.

• Unique Company Name: To register a company, you must select a unique company name. If the name chosen is same as or similar to another existing company, then the name approval application will be rejected. 

• The directors and shareholders can be the same person: The directors and shareholders of a company can be the same individuals.

What to Do After Company Registration?

Once your company is formed, you need to ensure it maintains compliance with legal and regulatory requirements at all times. By doing so, your company will establish a strong foundation for business operations, ensure transparency and avoid penalties. Here are some post-registration compliance requirements for companies registered in India:

Annual Compliance & MCA Filings

Under the Companies Act of 2013, companies are required to submit their annual financial statements and returns to the Ministry of Corporate Affairs (MCA) by the deadlines specified. Within sixty days following the Annual General Meeting (AGM), the Annual Return (Form MGT-7) must be submitted. Information on directorship, shareholding, and business operations is included in this filing. 

Within 30 days following the AGM, financial statements (Form AOC-4) must be submitted. It contains profit and loss statements, an audited balance sheet, and additional financial information.

Event-Based Filings

There are deadlines for reporting specific company changes to the MCA. Within 15 days following the AGM, the Auditor Appointment/Reappointment Form (ADT-1) must be submitted. Within 30 days of receiving the Certificate of Incorporation (COI) during the company's first board meeting, newly incorporated corporations must file Form ADT-1. It is necessary when a statutory auditor is appointed or reappointed.

After a director is appointed, resigns, or is removed, the Change in Board of Directors (Form DIR-12) must be submitted within 30 days. Within 15 days following the relocation of a company's registered office, the Change in Registered Office Address (Form INC-22) must be filed. After new shares are issued, the Allotment of New Shares (Form PAS-3) must be submitted within 30 days.

Compliance Certificates & Regulatory Reporting

Additional compliance reports must be submitted by certain businesses. Private limited companies that accept deposits are required to submit the Deposits Reporting (Form DPT-3). It needs to be submitted within ninety days of the fiscal year's conclusion.

Companies that owe money to Micro or Small Enterprises suppliers are required to submit the Micro & Small Enterprises Payments (Form MSME-1) report. To report delayed payments, it must be sent by October 31 (for April-September) and April 30 (for October-March) of each year.

Other Compliance Obligations

Within 30 days of securing a loan or modifying charges on company assets, Creation/Modification of Charges (Form CHG-1) needs to be filed. If an auditor resigns or is not ratified, auditor Resignation/Non-Ratification (Form ADT-3) must be filed within 90 days. 

For board resolutions and specific agreements, the approval of the resolutions of the board and shareholders (form MGT-14) must be submitted within 30 days.

Why Choose Registrationwala?

Registrationwala’s experts are the leading experts for incorporating a company in India. We provide you end to end company registration services in India by assisting you in the following manner:

✔Collecting and Organizing the Documents.

✔Applying for the Digital Signature Certificate.

✔Digitally Certifying the Documents.

✔Precisely drafting the Memorandum and Articles of Association.

✔Filing the application for business registration online.

✔Obtaining and forwarding the Certificate of Incorporation.

We ensure that your requirements for online company incorporation services are always met on time. Our professionals understand the complexities that come with the online company incorporation process. That’s why we have simplified and accelerated the procedure to help you incorporate your company at an affordable and competitive price.

Connect with our experts today and take the first step towards becoming your own boss by starting your own company!

FAQs for Company Formation India

Q1. Which Act governs the registration of companies in India?

A. The Companies Act 2013 governs how the companies are registered in India.

Q2. What is the Company Incorporation Number in India?

A. A Company Incorporation Number (CIN) refers to the company’s unique identification number.

Q3. What are company registration fees in India?

A. The company registration fees depend on several factors like type of company, its authorized capital and professional fees for Chartered Accountants or Company Secretaries. Connect with us to learn about the exact fees if you avail our company incorporation services.

Q4. How to check company name availability in India?

A. To check the availability of a company name in India, you can visit the MCA (Ministry of Corporate Affairs) portal and use the “Check Company Name” service. You can also use platforms like Registrationwala’s company name search tool for a preliminary check.

Q5. How to check company registration in India?

A. To check a company’s registration status, you can use the “View Company or LLP Master Data” feature on the official MCA portal. Some private service providers also offer similar search tools for convenience.

Q6. Who provides the registration certificate to a company?

A. The Ministry of Corporate Affairs (MCA) issues the Certificate of Incorporation through its online registration system after successful processing of incorporation documents.

Q7. What is DSC in company incorporation?

A. DSC stands for Digital Signature Certificate. It is crucial for signing electronic documents during the company incorporation process, especially when filing forms online through the MCA portal.

Q8. How many members are necessary for registration of a public company?

A. A minimum of seven members are mandatory to incorporate a public company in India. However, there’s no limit on the maximum number of members in a public ltd co.

Q9. How to check a company’s registration status on Registrationwala?

A. To check the company’s registration status, you simply need to enter the company’s name in Registrationwala’s company search tool to view basic registration details.

Q10. What is OPC company registration?

A. OPC (One Person Company) registration refers to the incorporation of a company that has only one person as its owner. It is ideal for solo entrepreneurs looking for a corporate structure.

Q11. What is private limited company registration in India?

A. Private limited company registration refers to the process of incorporating a privately held business entity. A pvt ltd co is governed by the Companies Act, 2013 and comes with limited liability and a separate legal identity.

Q12. Do I need to secure a certificate of incorporation to start a company in India? 

A. Yes, you need a company incorporation certificate to officially start a company in India. The Registrar of Companies (RoC) issues this certificate.