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Company Registration in India

With more than 1.35 billion population (17 % of World Population), you cannot ignore the market opportunities that India Offers. The best ways to do business in India is to form a Company. 

The most common way for anyone to start a business in India is by forming a company. It provides  for control, transparency and trustworthiness in doing business in India.

The process to register a company in India

All companies require registration at the Ministry of Corporate Affairs and finally, it grants a Certificate of Incorporation upon registration. Typically, a company in India can be formed in less than 2 weeks, provided all documentation is complete. Broadly, a company formation will take place in three stages:

Stage 1:  Name Approval Process

Stage 2: Digital Signatures and DIN Number – ALL documents attestations

Stage 3: Submission of Articles and Memorandum of Association.

All Information cum Documents required to register a company (if applicable to you)

  1. Provide the proposed Name of the Indian Company:
  2. Provide details of all shareholders and Directors in India:
    • Full Name (as in Passport or Driving License):
    • Father’s Full Name (as in Passport or Driving License):
    • Postal Address (as in Utility Bill, or Bank Statement)
    • Mother’s Full Name (as in Passport or Driving License):
    • Place of Birth (City and Country):
    • Mobile Number:
    • Email Address:
    • Director Identification Number (DIN): If it already exists in India:
  1. Do you have any Trademark already filed or registered in India? If yes, please provide the Trademark Number:
  2. Complete Address of the proposed entity: (Jotwani Associates may provide Nominee Directorship – Attorneys- so you can skip this).
  3. Main Objects or business purpose of the proposed Indian Company (What’s the main business. Define as broadly as possible in 1-2 sentences):
  4. Notarized and Apostilled Copy of the proposed Director’s (or shareholders) Passport pages showing Passport number, Photo and Postal Address {for all the above applicable Director(s)
  5. Notarized and Apostilled Copy of any document that shows the proposed Director’s postal address (Bank Statement, or Utility Bill that is not less than the last 2 months).
  6. Undertaking: (Jotwani Associates will draft this)
  7. DIR 2 FORM: (Jotwani Associates will draft this)
  8. INC 9 FROM: (Jotwani Associates will draft this)
  9. Memorandum of Associates MOA- Subscriber Sheet (Jotwani Associates will draft this)
  10. Article of Association (AoA) – (Jotwani Associates will draft this)
  11. Address proof of India Office. No objections from the Landlord. (Not Applicable if Jotwani Associates address is being used)

Jotwani Associates offers one of the fastest services to incorporate a company in India.  Our Services include Company Incorporation Support, the appointment of Nominee Directors (based on Power of Attorney and Contract), Business Addresses,  Legal Compliances, Board Resolutions, Statutory Filings, Company Secretarial Services, Income Tax and Audit Support.

Get free advice and quote now:  Call +919730049704, or write to: contact@jotwani.com

How to Register a Private Limited Company in India

Choosing the right structure for your business is essential. It affects how efficiently your business operates and how well it can reach its goals.In India, all businesses must register legally. Before we get more information on how to register, we will look at the various business structures that are there.

A private limited company is a popular option for many Indian businesses. This structure protects shareholders’ personal assets from being threatened by business debt by restricting their liability. However, ownership is subject to specific restrictions.

The scenario is different with a Limited Liability Partnership (LLP). Partners take an active role in operating the company in an LLP. LLPs lack a distinct division separating directors and shareholders, in contrast to private limited companies.

We at Jotwani Associates offer reasonably priced services to assist you with company registration. The Ministry of Corporate Affairs (MCA) regulations are followed and all legal proceedings are overseen by our professionals. We provide comprehensive solution for limited company formation in India.

Business Structure Types in India

For any entrepreneur, selecting a suitable business structure is a crucial starting point. It impacts your business’s operations and financial obligations.

Private Limited Company (PLC)

Most Popular way to start a business. A private limited aspires to more confidence among customers and investors.

  • Restricted ownership: Shares aren’t publicly traded.
  • More compliance: Requires more paperwork and regulations.
  • Limited liability: Protects shareholders’ personal assets.

Partnership Firm

  • Simple: Not as many rules as a company.
  • Unlimited liability: Partners’ personal assets are at risk.
  • Two or more owners: Shared profits and losses.

Public Limited Company

  • Limited liability: Protects shareholders’ personal assets.
  • High compliance: Tight rules and obligations for transparency
  • Public ownership: Shares are traded on the stock market.

Proprietorship Firm

  • Easy to set up: Minimal regulations.
  • Unlimited liability: Owner’s personal assets are at risk.
  • Simplest structure: One owner, one business.

One Person Company (OPC)

  • Ideal for solo entrepreneurs: Corporate identity without complexity.
  • Appointing a nominee: keeps things going in the event of unanticipated events.
  • Single owner: Limited liability protection.

Limited Liability Partnership (LLP)

  • Limited liability: Protects partners’ personal assets.
  • Separate legal entity: Corporate feel with partnership simplicity.
  • Hybrid structure: Blends the aspects of a company and partnership

How to register a company in India

Step 1: Look for a name for the business

  • Unique Name: Your company name should be distinct from existing ones.
  • No Offensive Language: Avoid using offensive or misleading language.
  • Relevant to Business: The name should align with your company’s activities.
  • MCA Website: Utilize the MCA’s platform to verify name availability.
  • Avoid Confusion: Avoid using names that could confuse or mislead customers.

Step 2: Get the paperwork needed for pre-registration

It is time to collect the required paperwork once you have finalised the business name. Pre-registration documentation confirms the details of your business and directors. This step is crucial. It makes sure that all the important government bodies accept your company as real. This simplifies doing business in India, legally.

Digital Signature Certificate (DSC)

A DSC is essential for filing documents online. It verifies your digital identity and is required for all company directors. Since the MCA mandates a DSC for safe online transactions, it is an essential part of the procedure.

Director Identification Number (DIN)

Each director is identified in MCA records by their DIN which is a unique number. Each director must have their own DIN, which stays valid throughout their tenure. This is a crucial step for anyone officially involved in company management.

Memorandum of Association (MOA)

The MOA is a legal document. It outlines your company’s core activities and objectives. It establishes the company’s identity and the scope of its business. It acts as a mission statement and shows what your company will do and why.

Articles of Association (AOA)

The AOA defines the internal rules of the company. It outlines the obligations of directors and shareholders. It also offers a well-defined plan for running the company.

Step 3: Decide on the Ideal Business Type

It is crucial to select the appropriate business structure. Everything is affected by your choice, including your financial and legal commitments. You need to decide based on factors like ownership, liability, and operational flexibility.Here are the main business types in India:

  • Partnership Firm
  • Public Limited Company
  • Proprietorship Firm
  • One Person Company (OPC)
  • Private Limited Company (PLC)
  • Limited Liability Partnership (LLP)

Choose a business structure that fits your goals, budget and risk tolerance.

Step 4: Register the Company Online

It’s time to register online now that you have decided on your business type and obtained your necessary paperwork. India’s Ministry of Corporate Affairs (MCA) has made it easy. There web portal allows you to register your business. This is where everything becomes official.

Steps to register online:

  • Visit the MCA portal: Create an account if you haven’t already.
  • Fill in SPICe+ Form:Incorporation, tax registration and company name reservation are all covered by this integrated form.
  • Upload your documents: Your Director Identification Number (DIN), MoA, AoA, and Digital Signature Certificate (DSC) should be included.
  • Pay registration fees: Fees vary by business type. Payments are made online for a smooth transaction.

Once submitted, your application will go through an MCA review. The process usually takes a few days to complete if all goes as planned.

Step 5: Receive the Certificate of Incorporation

Once the MCA approves your application, you’ll receive the Certificate of Incorporation. This document officially recognizes your company. It marks the final step in the incorporation process. It contains your Corporate Identity Number (CIN). This number identifies your business in all official records.

Provisions made by the Certificate of Incorporation:

  • Legal Recognition:In India, your business is now a recognised legal entity.
  • Corporate Identity Number (CIN):A unique identifier for your company in MCA’s records.
  • Eligibility to Operate:Under your company’s name, you can now create bank accounts, begin doing business and sign formal contracts.

With this certificate in hand, your business journey in India officially begins. Building a successful business and leaving your stamp on the market starts here.