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Documents Required for Company Registration India – A Complete Guide

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Last Updated on May 10, 2023 by Kanakkupillai

Introduction

Company registration is a crucial step when establishing a business in India. It gives your business a legal identity and provides various benefits and protections. Specific documents must be prepared and submitted to the relevant authorities to register a company in India successfully. This article will discuss the important documents required for company registration in India and provide insights into the process.

Importance of Company Registration in India

Before diving into the required documents, it’s essential to understand the significance of company registration in India. Registering a company offers several advantages, such as legal recognition, limited liability protection, access to banking facilities, and the ability to enter into contracts and agreements. It also enhances your business’s credibility and trustworthiness, attracting investors and potential clients. Proper registration ensures compliance with the legal framework and helps companies operate smoothly and transparently.

Key Takeaways

  1. Company registration in India is vital in establishing a business, providing legal recognition and various benefits.
  2. Different company registrations are available in India, such as Private Limited, Public Limited, and One Person Companies.
  3. For company registration, key documents required include identity proof, address proof, PAN card, Memorandum of Association (MOA), Articles of Association (AOA), and Director Identification Number (DIN).
  4. Proof of registered office and declarations/consents are also necessary during registration.
  5. The steps for company registration involve obtaining DSC, applying for DIN, reserving a unique name, preparing MOA and AOA, filling out forms, and submitting them to the ROC.
  6. Seeking professional assistance is advisable to ensure compliance and accurate documentation.
  7. Foreign nationals and NRIs can register a company in India by following specific regulations.
  8. It is possible to change the registered office address post-registration, subject to prescribed procedures and approvals.
  9. The time taken for company registration can vary based on factors such as document completeness and the workload of authorities.
  10. Post-registration compliances include filing annual returns, conducting board meetings, maintaining accounting records, and fulfilling tax obligations.
  11. Online registration is possible through the Ministry of Corporate Affairs portal, with certain documents requiring offline submission.
  12. Physical presence in India is not mandatory for company registration.

Types of Company Registrations

In India, different types of company registrations are available, each with its own requirements and benefits. The most common types include Private Limited, Public Limited, and One Person Companies. Let’s take a closer look at each of these registrations.

1) Private Limited Company

A Private Limited Company is the most popular choice for startups and small to medium-sized enterprises. Private Limited Company Registration requires a minimum of two directors and shareholders. The shareholders can be individuals or corporate entities. The key advantage of a Private Limited Company is the limited liability protection it provides its members, ensuring their personal assets are separate from the company’s liabilities.

2) Public Limited Company

A Public Limited Company is suitable for businesses looking to raise capital through public offerings and have more than 200 members. It requires a minimum of three directors and seven shareholders. A Public Limited Company has more compliance requirements compared to a Private Limited Company but offers the benefit of easy transferability of shares and greater access to funds from the public.

3) One Person Company

As the name suggests, a One Person Company (OPC) can be formed with just one director and shareholder. OPCs are ideal for single entrepreneurs who want to start a business independently. The director and shareholder can be the same person, and the liability is limited to the company’s assets, similar to a Private Limited Company. OPCs have fewer compliance requirements compared to other types of companies.

Company Registration in Chennai

Key Documents Required for Company Registration

Now, let’s explore the key documents required for company registration in India.

1) Identity Proof

You need to submit identity proof documents for all the directors and shareholders of the company. This can include their PAN card, passport, voter ID card, or Aadhaar card. Make sure that the documents are valid and up-to-date.

2) Address Proof

Along with identity proof, address proof documents are also required. These can include documents such as a recent utility bill (electricity bill, water bill, etc.), bank statement, or rental agreement. The address proof should mention the residential address of the directors and shareholders.

3) PAN Card

A PAN card is a mandatory requirement for company registration in India. All the directors and shareholders need to have a PAN card. If any individual does not have a PAN card, they must apply for it before proceeding with the registration process.

4) Memorandum of Association (MOA) and Articles of Association (AOA)

The MOA and AOA are essential documents that outline the company’s objectives, rules, and regulations. These documents need to be drafted and submitted during the registration process. It is advisable to seek professional assistance in preparing these documents to ensure accuracy and compliance with the legal requirements.

5) Director Identification Number (DIN)

A Director Identification Number (DIN) is a unique identification number assigned to individuals who wish to become company directors. To obtain a DIN, directors must apply through the Ministry of Corporate Affairs website and provide necessary identification and address proof.

6) Proof of Registered Office

To register a company in India, you must provide proof of the registered office address. This can be in the form of a rental agreement, lease agreement, or ownership documents of the premises. Additionally, you may need to submit a recent utility bill or a no-objection certificate from the property owner.

7) Declaration and Consent

As part of the registration process, directors and shareholders must sign and submit certain declarations and consents. These declarations affirm their eligibility, willingness to become directors or shareholders, and compliance with the necessary regulations.

Documents for Registration Process in India

The Registrar of Companies (RoC) is very particular about the required documents during online company registration. The ROC does not accept any errors, differences, or minor mistakes in any document. For instance, if an applicant submits his/her identity proofs – voter ID and passport to the registrar and if there are any variances or any mismatches in the names or any other particulars between both, then the chance for the rejection of the application may occur or demands for re-submission which will undoubtedly delay the registration process for a couple of days. So, it is always best to register a company or to start a business; to compile all your needed proofs and documents before beginning the company registration process.

Below are the mandatory documents to be submitted during the registration process by the Directors and the shareholders (Indian nationals) of the Company.

  • Copy of PAN card
  • The government authorised Identity proof – Voters’ ID, passport, or driver’s license.
  • Bank statement 
  • Utility bills such as mobile bills or gas bills, or electricity bills – not older than three months
  • Passport size photograph
  • Specimen signature of the Directors on a blank document

Note: The first three documents have to be self-attest by any one of the directors.

Below mentioned are the mandatory documents that have to be submitted by the Directors and shareholders (NRIs) of the Company

  • Copy of PAN card
  • Authorised ID proofs such as Voter ID/passport or driver’s license
  • Bank statement – latest
  • Latest utility bills such as telephone bills, mobile bills or electricity bills – not older than three months
  • Passport-size photograph of the applicant
  • Specimen signature of the Applicant (blank document with the signature [directors only])

Note: All the documents mentioned above must be notarized or authenticated (if NRI is currently in a Commonwealth country or India). If in a Non-Commonwealth Country, all the required documents should be authenticated or notarized and apostille or attested by the Indian embassy.

Proofs of office address

  • Scanned copies of water bill or electricity bill – the latest bills are preferred
  • Notarized rental agreement preferable in the English language
  • Rent Receipt of the office – preferably the latest
  • Sale deed or property deed – in case it is own property
  • No Objection Certificate (NOC) from the owner of the premise or property

Note: All the documents mentioned above must be notarized or authenticated (if NRI is currently in a Commonwealth country or India). If in a Non-Commonwealth Country, all the required documents should be authenticated or notarized and apostille or attested by the Indian embassy.

Other Important Things to Remember for Company Registration in India

Name on the PAN Card 

As PAN is mandatory proof for a company’s registration process and one of the important documents needed for further legal procedures and filings such as taxes filing and annual compliances, the applicant has to ensure the name on the company’s PAN card is right. Any changes in the spelling of the name or any such anomalies due to errors in spelling have to be corrected before submitting the documents to the concerned authority. All the other proofs submitted must have the same name as on the PAN. Changes must be rectified on the others if there is any difference or mismatch. All utility bills submitted as required documents should not be over three months. The submission of older bills leads to the rejection of the application by the authorised RoC.  

NoC or No Objection Certificate 

Submitting the NoC or no objection certificate provided by the property owner where the company is being registered is mandatory. Above mentioned are all the required documents needed for the company’s registration process in India. All new Directors and shareholders should provide these documents ideally to register your company in India successfully.

Download Company Registration Process in India

Steps for Company Registration

Once you have gathered all the required documents, you can proceed with the company registration process. Here are the general steps involved:

  1. Obtain Digital Signature Certificates (DSC) for the directors.
  2. Apply for Director Identification Numbers (DIN) for the directors.
  3. Reserve a unique name for your company through the Ministry of Corporate Affairs (MCA) portal.
  4. Prepare the Memorandum of Association (MOA) and Articles of Association (AOA).
  5. Fill out the required forms and submit them, along with the necessary documents, to the Registrar of Companies (ROC).
  6. Pay the registration fees and stamp duty.
  7. Upon verification and approval, the Registrar will issue a Certificate of Incorporation confirming the registration of your company.

It’s important to note that the process and requirements may vary depending on the type of company and the state in which you are registering.

Conclusion

Registering a company in India is a significant step towards establishing a legal and recognized business entity. It provides numerous benefits and protections to entrepreneurs and helps create a transparent business environment. You can successfully register your company and embark on your entrepreneurial journey by ensuring you have all the necessary documents and diligently following the registration process.

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Frequently Asked Questions (FAQs)

1) Do I need a professional to help me with company registration?

It is advisable to seek professional assistance, such as a chartered accountant or company secretary, to ensure compliance with the legal requirements and proper documentation.

2) Can foreign nationals or NRIs register a company in India?

Yes, foreign nationals and NRIs can register a company in India. However, certain regulations and guidelines need to be followed, such as obtaining the necessary approvals and adhering to foreign investment norms.

3) Is it possible to change the company’s registered office address after registration?

Yes, it is possible to change the registered office address after registration. The process involves following the prescribed procedures and obtaining the necessary approvals from the authorities.

4) What is the approximate time taken for company registration in India?

The registration process can take anywhere from a few days to a few weeks, depending on various factors such as the completeness of documents, the workload of the authorities, and any additional approvals required.

5) Are there any post-registration compliances that I need to fulfill?

Yes, after registration, companies need to comply with various statutory and regulatory requirements, such as filing annual returns, conducting regular board meetings, maintaining proper accounting records, and complying with tax obligations.

6) Can I register a company online in India?

Yes, the company registration process in India can be completed online through the Ministry of Corporate Affairs portal. However, certain physical documents may need to be submitted offline as well.

7) Do I need to be physically present in India for company registration?

No, physical presence is not required for company registration. The process can be completed through online submission.

Kanakkupillai

Kanakkupillai is your reliable partner for every step of your business journey in India. We offer reasonable and expert assistance to ensure legal compliance, covering business registration, tax compliance, accounting and bookkeeping, and intellectual property protection. Let us help you navigate the complex legal and regulatory requirements so you can focus on growing your business. Contact us today to learn more.