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How to register a company in India?

To know how to register a company you will need to go through the steps given below:-
BY Akshay Arora
Feature Writer, BusinessEx
Oct 30,2017

In India, if you are planning to start a company then you will have to get it registered to operate legally, as per the section 3 of Companies Act 1956. The company needs to be registered by the registrar of companies for the state to be a legal entity.

Company registration process is not complicated after digitalisation. You can do half of the registration process online and for the rest, you can find suitable information here. You just need to be prepared with the essential documents and you can get your company registered in 15-30 days.

Over 15 lakh companies are registered in India from which 10.6 lakh are active and thousands of firms apply for registration in India every month. For registration, you will have to select one of the two options whether to register as a public company or as a private company. Both of the options have different requirements for the registration process. Lets see the difference:

Public and private company requirements:

  • Board of members for the public company is seven and for private it is two.
  • The maximum number of members allowed in private company is 50 and fro public it is infinite.
  • It is necessary to have at least two directors for the private company and for a public company it is three.
  • The private company is allowed to initiate its operations right after incorporation but for the public, the operation begins after receiving commencement certificate.
  • A public company can sell its shares to the public by issuing prospectus but the private company is not allowed to invite people for the same.

Steps for registration of company:

  1. Obtain Director Identification Number(DIN)

Firstly, the director of the company needs to obtain an identification number. You can attain the DIN number after filling up the DIN-1 form which is available on the official website of ministry of corporate affairs. After filling up register on ministry of corporate affairs website and then log in to submit the filled DIN1 e-form and pay the necessary fee. After generating DIN number the director can intimate the company by using DIN-2 form and then the company will intimate Registrar of Corporates by DIN-3 form. If any correction required then the director can make a change and submit the DIN-4 form.

  1. Get Digital Signature Certificate(DSC):

You will need a digital signature certificate which can be generated from agencies like TCS, MTNL, NIC, IDBRT, SAFESCRYPT, etc. The digital signature certificate ensures the authenticity of the information and documents filed by the company. If you already have this signature then please check the validity as it is only valid for one to two years. The agencies that can issue the DSC are appointed by the controller of certification agencies (CCA).

  1. Create an account on MCA website

For further accreditation, you will need to create an account of Ministry of Corporate Affairs (MCA) website, for filing e-form, to pay the charges due, and for different transactions as registered and business user. The account creation is free of cost.

  1. Company registration application

This is the final step, but the most important one as you will have to fill up these forms:-

  • Form-1 and Form-1A:

First, you will need to submit Form 1A in which you will have to apply for the company name and check its applicability. Then after submission, you will have to fill the incorporation application through Form 1 with the same name as entered in Form 1A.

  • Form-18:

In this form, you can apply for any change of situation or new company office or previously registered office but for the new office, you will have to submit the actual office address before submitting.

  • Form-32:

If your company is new then this form will consist names of new directors, managers, and secretary. But if it is an existing company, then fill up the names of change in directors, managers, secretary, etc.

Conclusion

After submitting all the necessary details and form, your application will be processed by MCA and you will receive a confirmation through e-mail whether the application is approved or not and the status of the form will be changed afterwards as approved (if there is no problem in the application).

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