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Legal Registration - a2zstartup.com
Legal Registration

Steps to Register a New Company

Registering a company in India can take anything from 15 days to as many as 35 days, though instances of getting the certificate of incorporation in a day to a week are also there. Registration of all sorts of companies in India is overseen by the Registrars of Companies (ROC), appointed under Section 609 of the Companies Act 1956. Every state has a regional office of the ROC to oversee the registration process. The ROC is vested with the power to register companies in India and also ensure they comply with all statutory requirements under the Act.

Sharing the link of the Ministry of Corporate Affairs website, where you can check the Name of Company or LLP (Limited Liability Partnership):

Ministry of Corporate Affairs Website

You may also calculate registration fees from this fee calculator:

Ministry of Corporate Affairs (Fee Calculator)

Do you want to start an Indian Company?

— Apply for the name of the company to be registered by filing Form INC-1 for the same. After that depending upon the proposed company type file required incorporation forms listed below.

— Form INC-7 or Form INC-2 : Form INC-7 for Application for incorporation of a company (Other than OPC) or Form INC-2 for Application for Incorporation of OPC.

— Form INC-22 : Notice of situation or change of situation of registered office based on the option chosen in Form INC-7.

— Form INC-22 is to be filed within 30 days from the date of Incorporation of OPC (If the registered address is different from the address given in Form INC-22) or other than OPC (if not filed earlier).

— Form DIR-12: Particulars of appointment of directors and the key managerial personnel and the changes among them. This form is to be filed by OPC in case promoter is not the sole director or there are more than one director in an OPC.

Do you want to register a Part I Company?

— In order to register Part I Company, applicant is required to file Form INC-1 for name availability. After approval of the same, applicant is required to file Form No. URC-1 along with filing e forms INC-7, INC-22 and DIR-12 or e-forms INC-7 and DIR-12 as the case may be.

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Do you want to register a Section 8 Company?

— To register a section 8 company, applicant is required to file Form INC-1 for name availability. Once the name is approved/made available, there is a further requirement of obtaining a license for a Section 8 Company, for which Form RD-1 is to be filed in order to obtain a license for such company. After obtaining license number, applicant can proceed further to incorporate a company by filing e forms INC-7, INC-22 and DIR-12 or e-forms INC-7 and DIR-12 as the case may be.

Do you want to start a Foreign Company?

—  Any foreign company can establish its place of business in India by filling Form FC-1 (Documents delivered for registration by a foreign company). The eForm has to be digitally signed by authorized representative of the foreign company. There is no need to apply and obtain DIN for Directors of a foreign company but the DSC of the authorized representative is mandatory, which again is not required to be registered on MCA Application.

Process Duration Cost(INR)
Obtain director identification number(DIN) online 1 Day 100
Obtain digital signature certificate online 1-6 Days 400-2,650
Reserve the company name with the Registrar of companies(ROC) online 2-3Days 500
Memorandum and Articles of Association vetted and printed Has to be done within six months of name approval Nil
Stamp the company documents either at the superintendent’s or an authorized bank 1 Day Charges vary from state to state
Get the Memorandum and Articles signed by at least two subscribers 1 Day Nil
Get the certificate of incorporation 3-7 Days 4,000 for a company with authorized capital of Rs 1 lakh (Fee keep on reducing successively in slabs after this)
Make a seal 1 Day 350
Obtain a Permanent Account Number(PAN) from UTI or NSDL 15 Days 66 for fee and 5 for application form(if not downloaded)
Obtain a tax account number(TAN) for income taxes deducted at source from the Assessing Office 15 Days, simultaneously with procedure 9 55
Register for VAT with the sales tax officer 12 Days, simultaneously with procedure 10 5,000(registration) + 100(Stamp duty)
Register with Employees Provident Fund Organization 2 Days, simultaneous with procedure 11 Nil
Register with ESIC (Medical Insurance) 1 Day, simultaneously with procedure 11 Nil
Filing for government approval before RBI/FIPB for foreigners and NRIs 15 Days Nil

Summary of steps to be followed for registering a private limited or a public limited company are enlisted here.
Steps to be taken to get incorporated a private limited Company:
— Select, in order of preference, a few suitable names, not less than four, indicative of the main objects of the company.
— Ensure that the name does not resemble the name of any other company already registered and also does not violate the provisions of Emblems and Names (Prevention of Improper Use) Act, 1950.
— Apply to the concerned ROC to ascertain the availability of a name in the General Rules and Forms along with a fee of Rs.500/- If the proposed name is not available apply for a fresh name on the same application.
— Arrange for the drafting of the Memorandum and Articles of Association by the solicitors, the vetting of the same by the ROC and the printing of the same.
— Arrange for the stamping of the Memorandum and Articles with the appropriate stamp duty.
— Get the Memorandum and Articles signed by at least two subscribers in his own hand, his father’s name, occupation, address and the number of shares subscribed for and witnessed by atleast one person.
— Ensure that the Memorandum and Articles are dated after the date of stamping.
Get the following forms duly filled up and signed:
->Declaration of Compliance
->Notice of the situation of the registered office of the company
->Particulars of the Director, Manager or Secretary
Present the following documents to the ROC with the filing fee and the registration fee:
->The stamped and signed copies of the Memorandum and Articles of Association (3 copies).
->Form-1, 18 & 32 in duplicate.
->Any agreement referred to in the M & A.
->Any agreement proposed to be entered into with any individual for appointment as Managing or whole time Director.
->Name availability letter issued by the ROC.
->Power of Attorney from the subscribers in favour of any person for making corrections on their behalf in the documents and papers filed for registration.
->Pay the Registration and Filing Fee by Demand Draft/Banker’s Cheque if it exceeds Rs.1000/-
->Obtain the Certificate of Incorporation from ROC.
Additional Steps to be taken for formation of a Public Limited Company
->Consent of Directors to act as such in Form No.29.
->Arrange for payment of application and allotment money by Directors on shares taken or agreed to be taken.
->File the Statement in Lieu of Prospectus with the ROC in schedule-iv of the Companies Act.
->File a declaration in Form-20 duly signed by one of the Directors.
->Obtain the Certificate of Commencement of Business.
More information can be obtained from the Website of Ministry of Corporate Affairs