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.
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.
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.
The process of registration of Companies can be divided in to the following stages:
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||10 days|
Grant of Certificate of Incorporation