Company
registration in India is regulated by the Companies Act, 1956 and is
administered by the Ministry of Corporate Affairs through the Offices of Registrar of Companies (ROC) in each State. Types of companies that can be registered in India are Private Companies and Public Companies.
Company
Registration process starts by filing of name application with the ROC.
Once, name is allotted, company registration documents (Articles of Association & Memorandum of Association) have to be
prepared and filed with respective ROC for registration. Up on scrutiny
of documents, in a day or two the ROC registers the Company and issue
the Certificate of Incorporation. We
simplifies
the company registration process. We can assist you to register
companies anywhere in India at an attractive cost.
Private Companies
A company formed by minimum two persons as shareholders having the following features:
Name of the company ends with the words 'Private Limited'
Minimum paid up capital INR 100000
Minimum two Directors
Maximum number of members is limited to 50
Restriction for transfer of shares
Prohibits invitation to the public to subscribe shares of the company
Prohibits acceptance of deposit from the public.
Public company
A
company which is not a private company. The minimum number of
shareholders and directors required for registering a Public Company
is 7 and 3 respectively. Subject to compliance of the Companies Act,
there is no restriction as to number of members, issue and transfer of
shares and acceptance of deposits.
Company Registration
The process of registration of Companies can be divided in to the following stages:
Applicable law The Indian Companies Act, 1956, this act sets
down rules for the establishment of public companies as well as private
companies.
Allotment of Director Identification Number (DIN) Application
in Form Director Identification Number (DIN-1) shall be made online and
provisional Director Identification Number (DIN) of the person
intending to become director of the Company would be generated. After
allotment of provisional DIN number, prescribed documents along with
form DIN -1 are sent to DIN cell of ROC and regular DIN is allotted .......... more details
Acquiring Digital Signature certificate (DSC) DSC is acquired
after submitting the application along with the prescribed fee to one
of the several vendors like TCS and Satyam. It is usually allotted in 1
or 2 days.......... more details
Name Approval of the company
An application in Form No.1A
is required to be filed, properly filled, with the Registrar of Companies (ROC)
online with Digital Signature of one of the proposed directors. After
submitting this application, the ROC scrutinizes it and sends either approval
or objections in 3 or 4 days to the applicant through e-mail.
Procedure after name approval of the company An application for registration along with the following documents are to be submitted to the Registrar of Companies:
Memorandum of Association & Articles of Association:
A declaration in Form 1 is to be submitted by a person named in the
articles of such proposed company as a director, manager, or secretary
of the company, or by an advocate of the Supreme Court or High Court,
or by an attorney who is entitled to appear before the High Court, or
by a Chartered Accountant practicing in India who states that all the
requirements of the Companies Act 1956 and the applicable rules with
respect to the registration and other matters have been complied with;
The consent of each person
who are prepared to act as directors; All the information about the directors,
the managing directors, managers and secretary must be submitted in a
prescribed Form:32
All the information about the registered office in prescribed Form:18
The power of attorney in favor of either one of the promoters or any
other person, authorizing him or her to make corrections in the
documents that have been submitted to the Registrar of Companies;
The applicable registration fee to be payable to the Registrar of Companies.
TIME FRAME TO INCORPORATE
Nature of Activity
Time Schedule
Allotment of DIN
3 days
Acquiring Digital Signature
5 days
Name approval
5- 7 days
Drafting of MOA & AOA, stamping, digitally signing and filing the documents on MCA portal