What are the steps to follow for company registration in India

admin 22-08-2024

Here are the steps to follow for Company Registration in India:

1. Choose a Business Structure

  • Types of Structures: Private Limited Company, Limited Liability Partnership (LLP), One Person Company (OPC), Public Limited Company, etc.
  • Considerations: Business objectives, the number of owners, tax implications, and legal requirements.

2. Obtain a Digital Signature Certificate (DSC)

  • Purpose: Required for filing electronic forms on the Ministry of Corporate Affairs (MCA) portal.
  • Issuance: Authorized Certifying Authorities (CAs) issue DSCs to the directors or members.

3. Apply for Director Identification Number (DIN)

  • Purpose: A unique identification number for the directors of the company.
  • Application: Can be done via the SPICe (Simplified Proforma for Incorporating Company Electronically) form or DIR-3 form.

4. Reserve a Company Name

  • Application: File the RUN (Reserve Unique Name) form on the MCA portal.
  • Guidelines: The name must be unique, and it should not infringe on any registered trademarks.

5. Draft the Memorandum and Articles of Association (MoA & AoA)

  • MoA: Outlines the objectives, powers, and scope of the company.
  • AoA: Lays down the rules for the company’s internal management.
  • Signing: These documents must be signed by the subscribers to the company.

6. File the Incorporation Form (SPICe+ Form)

  • Details Included: Company details, directors' and shareholders' information, registered office address, and capital structure.
  • Attachments: MoA, AoA, DSCs, and ID/address proofs of directors and shareholders.
  • Approval: Upon submission, the Registrar of Companies (RoC) will review the application.

7. Payment of Fees

  • Cost: Depends on the authorized capital and the type of company being registered.
  • Mode: Online payment on the MCA portal.

8. Obtain the Certificate of Incorporation

  • Issuance: After verification and approval by the RoC.
  • Details: Contains the Corporate Identity Number (CIN) and serves as proof of registration.

9. Apply for PAN and TAN

  • PAN: Permanent Account Number for tax purposes.
  • TAN: Tax Deduction and Collection Account Number for deducting tax at the source.
  • Process: PAN and TAN are applied through the SPICe+ form.

10. Open a Bank Account

  • Purpose: The company needs a bank account in its name for financial transactions.
  • Requirement: The Certificate of Incorporation, PAN, AoA, and MoA are typically required to open the account.

11. Comply with Post-Incorporation Requirements

  • GST Registration: If applicable, for businesses with turnover exceeding the threshold limit.
  • Shops & Establishments Registration: If applicable, depending on the state of operation.
  • Professional Tax Registration: If applicable, depending on the state of operation.

These steps will guide you through the process of registering a company in India.