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Section 184 of Companies Act 2013

Step-by-Step Guide to Company Registration in India


Registering a company in India is a crucial step for anyone looking to start a business. It not only provides a legal identity to the business but also opens up numerous opportunities and benefits. In this guide, we'll walk you through the entire process of company registration in India, ensuring that you have a clear understanding of each step. .

Types of Business Entities in India

Private Limited Company
A Private Limited Company (PLC) is one of the most popular business structures in India. It limits the liability of its members and allows for easy transferability of shares. This type of company requires a minimum of two directors and shareholders.

Public Limited Company
A Public Limited Company (PLC) can raise capital from the public by issuing shares. It requires a minimum of three directors and seven shareholders. This type of company is suitable for larger businesses aiming to expand their reach.

One Person Company (OPC)
Introduced in the Companies Act of 2013, an OPC allows a single individual to own and manage the business. It combines the benefits of sole proprietorship and corporate status, making it ideal for solo entrepreneurs.

Limited Liability Partnership (LLP)
An LLP offers the flexibility of a partnership with the benefits of limited liability. This structure is suitable for professionals, small and medium-sized businesses, as it provides the advantage of limited personal liability.

Sole Proprietorship
A sole proprietorship is the simplest business form where one person owns and operates the business. While it's easy to set up, it doesn't provide limited liability protection.

Partnership Firm
A partnership firm is where two or more individuals manage and operate a business in accordance with the terms set in a Partnership Deed. It's relatively easy to set up but does not offer limited liability protection.

Step-by-Step Company Registration Process

Step 1: Obtain DSC
The first step is to obtain a Digital Signature Certificate (DSC) for the proposed directors. This can be done through certified agencies.

Step 2: Obtain DIN
Apply for the Director Identification Number (DIN) through the MCA portal by submitting the required documents and fees.

Step 3: Name Approval
Submit an application for name approval on the MCA portal. Ensure the name is unique and complies with the naming guidelines.

Step 4: Form SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus)
Fill out and submit Form SPICe+ along with the required documents. This form consolidates multiple services, including name reservation, incorporation, and DIN allotment.

Step 5: MOA and AOA Submission
Prepare and submit the Memorandum of Association (MOA) and Articles of Association (AOA). These documents define the company's objectives and rules.

Step 6: PAN and TAN Application
Apply for the company's Permanent Account Number (PAN) and Tax Account Number (TAN) simultaneously with the incorporation process.

Step 7: Certificate of Incorporation
Once all documents are verified, the Registrar of Companies (ROC) issues the Certificate of Incorporation, officially recognizing the company.

Post-Registration Compliance

Opening a Bank Account
Open a current account in the company's name to manage financial transactions.

GST Registration
Register for the Goods and Services Tax (GST) if your business turnover exceeds the threshold limit or if it engages in interstate supply.

Professional Tax Registration
Depending on your state, you might need to register for Professional Tax.

Shops and Establishment Act Registration
Register under the Shops and Establishment Act for operating your business.

Commencement of Business Certificate
File a declaration for the commencement of business within 180 days of incorporation.

Conclusion
Registering a company in India involves several steps, but it's a crucial process that provides legal recognition and numerous benefits to your business. From protecting your personal assets to enhancing your credibility, proper registration is the foundation for a successful business venture. Follow this guide meticulously to navigate through the registration process smoothly.

FAQs
What is the cost of registering a company in India?
The cost varies depending on the type of business entity and additional services required. It generally ranges from INR 6,000 to INR 30,000.

How long does it take to register a company in India?
The entire process typically takes 15-20 days, depending on the timely submission and verification of documents.

Can a foreigner register a company in India?
Yes, a foreigner can register a company in India. However, they must comply with Foreign Direct Investment (FDI) guidelines and other regulatory requirements.

What is the minimum capital requirement to start a company?
There is no minimum capital requirement for a Private Limited Company, OPC, or LLP. However, for a Public Limited Company, the minimum paid-up capital is INR 5 lakh.

What are the annual compliance requirements for a registered company?
Registered companies must file annual returns, financial statements, conduct annual general meetings, and comply with other statutory requirements.



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