Company Registration in India
Register Your Company: Enlist professional assistance to register your company with the Ministry of Corporate Affairs (MCA) in India.
Expert Compliance Management: Our skilled team handles all aspects of company compliance, including regulatory adherence and government requirements.
Efficient Handling: We manage approval processes, annual compliance, document preparation, form submissions, and coordination with government authorities.
Streamlined Filings: Obtain your Director Identification Number (DIN) and complete SPICe+ form submissions in a single, seamless process.
Comprehensive Support: From establishing your registered office to drafting the Memorandum of Association (MoA) and Articles of Association (AoA), we provide support at every stage.
Company Registration in India
Registering your company in India is the essential first step in starting your business. According to the Companies Act of 2013, a company can be established for any lawful purpose, provided it adheres to the guidelines set by the Ministry of Corporate Affairs (MCA). Registering your company grants it a distinct set of legal rights. Choosing the appropriate company structure is as vital as any other business decision, as it ensures the business operates efficiently and meets its objectives. Registering a company in India is necessary to access government benefits and exercise legal rights within the business domain. The MCA’s official portal facilitates the registration process and provides a legal identity for the company.
Advantages of Registering a Company
Incorporating a company in India involves adhering to the guidelines specified in the Companies Act of 2013. Registering your company through Hikmadh provides several advantages. Here are some of the key benefits
Senior Expert Support
Complete Documentation Support
Quick Name Registration and MCA Filing
Completely Online and Transparent Process
Support for Bank Account Opening and Post-Incorporation Compliances
Eligibility Criteria for Company Registration
Under the Companies Act of 2013, the eligibility criteria for different types of business entities vary significantly. Here’s a general overview of the requirements for registering your company with the MCA:
- The company must have at least one director who is a resident of India.
- Directors need to possess a Digital Signature Certificate (DSC) and a Director Identification Number (DIN).
- The company must not engage in any activities prohibited by Indian law.
- All directors and shareholders must be of legal age.
- Proof of address and identity for the directors must be provided.
- The company name must be unique.
Checklist for Company Registration
The requirements for registering a company can vary depending on the type of company being incorporated. Here is a comprehensive checklist for registering your company in India:
Required Documents for Company Registration
For company registration in India the applicant should provide director and shareholder documents along with the proof of registered office address. Here is a list of the required documents for company incorporation:
- Passport size photos of directors and shareholders
- PAN card of all the directors
- Aadhar, driver license, passport or voter ID of the directors
- Proof of residence
- NOC of the registered office address
- Utility bills for registered office proof
- Memorandum of Association (MOA)
- Articles of Association (AOA)
- Director and Shareholder Details
- Digital Signature Certificate (DSC)
- Director Identification Number (DIN)
Step-by-Step Company Registration Process
Register your company Name
Procure your DSC and DIN
File , MoA, AoA, PAN,TAN and Get incorporation certificate
Name Approval Process
Our team will evaluate your company’s needs and, based on this, will file either the RUN form or SPICe-A form for name approval. Once the name is approved, we will proceed with filing the SPICe-B form.
Obtain Digital Signature Certificate (DSC) and Director Identification Number (DIN)
We assist in obtaining your Director Identification Number (DIN) and Digital Signature Certificate (DSC), both of which are crucial for online transactions and document submissions.
Filing and Incorporation
We will handle the submission of incorporation documents, including the Memorandum of Association (MoA), Articles of Association (AoA), and the SPICe+ form. We will also ensure that your company receives its PAN and TAN, and that all paperwork is accurately completed. The Ministry of Corporate Affairs (MCA) will issue the incorporation certificate upon successful registration.
Choosing the Right Business Structure
Selecting the appropriate business structure is essential to maximize the benefits of incorporation. The compliance requirements vary significantly depending on the business structure chosen. For example, a sole proprietorship only needs to file income tax returns, while a private limited company must file both annual returns and income tax returns with the Registrar of Companies (ROC).
Your choice of business structure should be influenced by the number of partners or owners involved and the amount of initial investment or capital required to start the business. Options include sole proprietorship, partnership, Limited Liability Partnership (LLP), One Person Company (OPC), Section 8 company, or private limited company. Each structure has its own set of compliance requirements and advantages.
Cost of Company Registration
The total cost of registering a company in India encompasses several components, including government fees, professional fees, the cost of obtaining a Digital Signature Certificate (DSC), and stamp duty. These costs can vary depending on the type of company you choose to incorporate. To get a precise estimate of the expenses involved in incorporating your company, contact our incorporation experts.
Post-Registration Compliance
Once your company is registered in India, adhering to post-registration compliance requirements is essential. The specific compliance obligations depend on the type of company you have registered. Key post-registration tasks include:
Conducting a Statutory Audit: Ensure regular audits are performed as required.
Filing Annual Returns: Submit annual returns in accordance with company regulations.
ROC Compliance: Stay updated with all Registrar of Companies (ROC) requirements.
Maintaining Statutory Registers: Keep all necessary statutory registers up to date.
Filing GST Returns: Submit Goods and Services Tax (GST) returns as required.
Fulfilling these compliance requirements helps ensure smooth operations and avoids potential legal issues.
How to Secure Your Company Name
Choosing the right company name is crucial for your business strategy. Here are the key steps to secure your company name:
Reflect Business Activity: Ensure the company name accurately reflects the principal activity of your business.
Avoid Prohibited Words: The name must not include words banned under the Names and Emblems Act.
Ensure Uniqueness: The company name should be distinct and not resemble or be identical to the names of existing registered companies.
Use the SPICe+ Application: Register the company name through the SPICe+ application on the MCA portal. You can apply for up to two names on this form.
Approval and Reservation: The Registrar of Companies (ROC) will review and approve the name. Once approved, the name is reserved for 20 days from the date of approval.
File SPICe+ Form Part B: Within the 20-day reservation period, you must file SPICe+ Form Part B. Failure to do so will result in the application being rejected, and you will need to start the process again.
Following these steps will help ensure that your company name is secured effectively and in compliance with regulations.
Types of Company Registration
Under the Companies Act of 2013, various types of company entities can be registered. Each business entity has unique advantages and disadvantages. Here is a comprehensive overview of various business entities and their associated information.
Pvt. Limited Company |
One Person Company |
Limited Liability Partnership |
Partnership Firm |
Proprietorship Firm |
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|---|---|---|---|---|---|---|---|---|---|
|
Compliance Requirement |
|
|
|
Indian Partnership Act,1932 |
|
||||
|
Registration |
Mandatory |
Mandatory |
Mandatory |
Optional |
No |
||||
|
Number of Owners |
2 -200 |
Only 1 2 |
Unlimited |
2 -50 |
Only 1 |
||||
|
Separate Legal Entity |
Yes |
Yes |
Yes |
No |
No |
||||
|
Liability Protection |
Limited |
Limited |
Limited |
Unlimited |
Unlimited |
||||
|
Statutory Audit |
Mandatory |
Mandatory |
As Applicable |
Not Mandatory |
Not Mandatory |
||||
|
Ownership Transfer |
Yes |
Yes (Restricted) |
Yes |
Yes (Restricted) |
No |
||||
|
Perpetual Existence |
Yes |
Yes |
Yes |
No |
No |
||||
|
Foreign Ownership |
Allowed |
Not Allowed |
Allowed |
Allowed |
Not Allowed |
||||
|
Taxation Liability |
Moderate |
Moderate |
High |
High |
Low |
||||
|
Compliance Requirement |
High |
High |
Moderate |
Low |
Low |