Although it can be difficult, forming a company in Delhi can be much easier if you have the correct help and are ready. To ensure that everything is ready for a seamless registration, this blog contains the paperwork needed for different business forms.
This book provides essential documentation for typical business entities like LLPs, Partnership Firms, OPCs, and Private Limited Companies, as well as specific criteria for shareholders, registered office addresses, and directors, both Indian and foreign nationals. It equips individuals with the knowledge to confidently handle the Indian company registration procedure.
Indian Directors: Get Your PAN In Order
A copy of their PAN card is required for all directors who are citizens of Delhi at the time of company registration. The Income Tax Department issues PANs (Permanent Account Numbers) as distinct identification for financial purposes.
The Ministry of Corporate Affairs uses the director’s name on their PAN card for company records. If there’s a mismatch due to typos or a name change (marriage, etc.), update your PAN card first to avoid any delays in company registration.
Proof of Residency: Along with a PAN card copy, directors must provide a recent (less than 2 months old) address proof document matching their PAN card name. Acceptable options include:
- Passport
- Voter ID Card
- Ration Card
- Driver’s License
- Utility Bill (electricity or phone)
- Aadhaar Card
Director Residency Verification: To confirm current addresses, company registration also requires residential proof (separate from address proof). Similar to address proof, these documents must be recent (under 2 months old) and match the director’s PAN card name. Acceptable options include:
- Bank Statement
- Utility Bill (electricity or phone)
- Mobile Bill
Foreign Directors: Extra Hoops to Jump Through
Foreign directors seeking to register a company in Delhi face additional requirements compared to Indian nationals:
Passport: A notarized or apostilled copy of the passport is essential. A copy that has been properly translated, notarized or apostille is required for passports that are not in English. A certified copy of the birth certificate is required if the passport does not have the date of birth listed on it.
Foreign Director Address Proof (Notarized/Apostilled):
A notarized or apostilled official translation, if the document is not in English, and a driver’s license, residency card, bank statement, or other government ID bearing the address are required to be presented by foreign directors. The address verification must correspond with the name on the passport for the preceding year.
Foreign Director Residential Verification (Notarized/Apostilled):
Similar to address proof, foreign directors also need to provide a separate document verifying their current residence during company registration. This residential proof, like bank statements and utility bills (electricity, phone, mobile), must be less than a year old and match the director’s name on the passport. If the document is in a foreign language, there is added complexity. In some cases, it should be properly translated and approved by the translator. To consider the translated document genuine, it must be notarized or apostilled as per the Indian Authority rules.
Why the Extra Steps for Foreign Directors?
The additional requirements for foreign directors (notarization/apostille and recent documents) help to ensure the legitimacy of the documents and protect against fraud. Since foreign documents may be harder to verify, these steps provide an extra layer of security for the Indian government during company registration.
Securing Your Company’s Registered Address: Proof Required in Delhi
You will require supporting documents to confirm your company’s registered office address while registering in Delhi. This creates a physical address for legal and official communications. The necessary documents are broken down as follows:
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Proof of Ownership or Lease Agreement:
There are two main options for registered office proof:
Document of Property Ownership: If your company is the proprietor of the premises housing the registered office, you must furnish the official document verifying the ownership under the company’s name.
Authenticated Tenancy Agreement: Typically, businesses lease office premises. In this event, you should provide a notarized copy of the lease or rental agreement featuring the company as the lessee (tenant). Additionally, include a rent receipt dated no earlier than one month to validate the ongoing tenancy.
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Landlord’s Permission and Utility Bill:
On top of the ownership/lease documentation, two additional documents are required:
Landlord’s No Objection Certificate (NOC): The business is formally permitted to utilize the address as its registered office thanks to these documents. There must be a name match between the landlord on the NOC and any property tax receipt, sale deed, or utility bill (electricity, gas, and water).
Recent Utility Bill (Less than Two Months Old): This utility bill (phone, gas, and electricity) confirms that the address works and provides service to the designated area. The bill should be in the owner’s name or another document specifying the address.
Why all these documents?
These requirements ensure transparency and help prevent fraudulent registrations. By requiring proof of ownership/lease, the government verifies the company has a legitimate physical presence. The NOC from the landlord confirms the company has permission to operate at that address. Finally, the utility bill provides further evidence of a functioning location at the registered address.
Shareholder Requirements: Matching Those for Directors
The same POA and POI (Passport, PAN card, etc.) apply to all the shareholders of a company. This is applicable to every individual who has signed the MOA and AOA of the company, whether they are Indian citizens or not.
Note: MOA- Memorandum of Association and AOA- Articles of Association
Shareholder as a Company? Extra Steps Needed
If a Limited Liability Partnership (LLP), another business, or other such entity is one of your shareholders, the following extra paperwork is needed:
- Certificate of Incorporation: The corporate shareholder’s Certificate of Incorporation attests to their legal existence.
- A formal resolution passed by corporate shareholders indicating their intention to subscribe for shares in your new company is known as a subscription resolution.
Beyond Shareholder Documents: Legal Incorporation Steps
In addition to the documents mentioned for individual shareholders, the incorporation process involves several legal documents drafted by a professional:
- INC-9 Form: A government form containing company information required for registration.
- Memorandum of Association (MOA): This document outlines the company’s objectives and powers.
- Articles of Association (AOA): This document details the internal regulations governing the company’s operations.
Once drafted, these legal documents need to be signed and notarized by the company’s promoters (individuals initiating the incorporation).
Documents Required for Different Company Types in Delhi
The documentation necessary for registering a company in Delhi may differ depending on the type of company being registered. Below are the documents required for several commonly registered company types:
Private Limited Company:
For registration of a Private Limited Company, the required documents include:
- Identity proof and address proof of directors and shareholders.
- Memorandum of Association (MoA) and Articles of Association (AoA).
- Consent and declaration from directors.
- Proof of registered office address.
- Director Identification Number (DIN) and Digital Signature Certificates (DSC) for directors.
- Shareholding pattern and details of shareholders.
Public Limited Company:
For the registration of a Public Limited Company, the required documents include:
- POA and POI of the Directors and shareholders
- AOA and MOA
- Consent and declaration from directors.
- Evidence of the registered office address.
- DIN and DSC for directors
- Shareholding pattern along with shareholder details.
- The prospectus or a statement substituting the prospectus (for offering shares to the public).
One Person Company (OPC) Registration: Streamlined But Specifics Apply
Forming a One Person Company (OPC) is less complicated than a Private Limited Company. You will require the following for OPC registration:
Like private limited companies, the Organizational Public Company (OPC) demands verification of identification and address for each of its directors or shareholders. The AOA and Memorandum of Association (MOA) form part of the corporate framework. The Director Identification Number (DIN), Digital Signature Certificate (DSC), and Consent & Declaration are required for sole directors. Proof from a registered office is also necessary. One notable distinction is the need for nominee consent, which attests to a selected individual’s willingness to assume the role of director in the event of the single director’s demise or incapacitation.
LLP:
- Identity & address proof for designated partners.
- LLP Agreement outlining partnership terms.
- Consent & declaration from designated partners.
- Proof of registered office address.
- Designated Partner Identification Number (DPIN) & DSC for designated partners.
Partnership Firm:
- Partnership deed outlining the partnership structure.
- Identity & address proof for all partners.
- Proof of registered office address.
- PAN card for the partnership firm itself.
Conclusion
We are an Indian legal tech platform called Kanakkupillai, and we make company registration, tax filing, compliance, and other processes easier. Our skilled experts simplify difficult procedures while offering both people and companies specialized support. We facilitate quick access to crucial legal and financial services through our user-friendly portal, assisting you in effectively managing regulatory needs. Our emphasis on knowledge and technology seeks to enable business owners to promote expansion and prosperity in the Indian market.
