If you want to take business to new heights then you need to get it recognized in the society. So the first step that a person must do for getting a recognition in the market is to choose such a form of entity that will be well recognized. For the same purpose, the person must register his business as a company so that his business will get recognized in the market. Further there are various benefits that the person will get being its company registered. Furthermore, India’s plan for ease of doing business make the process for company Registration so fast that now you can incorporate your company within one or two days.
Company is a common choice for start-ups and businesses with high growth aspirations to start a business in India. A Private / Limited Company is governed by the MCA and licensed under the Companies Act 2013. It is a recognized Company type, which gives the organization’s members a distinct legal identity. Providing important benefits, such as the right to negotiate on its own behalf, and safeguarding the personal interests of shareholders from corporate responsibility.
Types of Company
1. Company Based on Limit
- Companies Limited by Shares
- Companies Limited by Guarantee
- Unlimited Companies
2. Company Based on members
- One Person Companies (OPC)
- Private Companies
- Public Companies
- Nidhi Companies
3. Company Based on Control
- Holding Companies
- Subsidiary Companies
- Associate Companies
Advantages for Company Registration
- Limited liability of shareholders
- Taxation benefits
- Recognition in the Market
- Access to wider sources of finance
- Perpetual succession i.e. company remains forever
Applicable Regulation
All the Companies formed or registered in India are regulated under the Companies Act 2013. Apart from Companies Act 2013, if the company wants to do any finance, insurance, telecom, banking, business then the company also needs to get itself registered with the concerned sectorial regulator.
Process for Company Registration in India
1. Apply for Name approval
The first step in the company incorporation process is to apply for Name approval as proposed by the company. The Proposed name of the Company can be applied using Reserve Unique Name (RUN) facility on MCA Portal.The MCA will scrutinize the application and sends the approval / Resubmission to the applicant.
2. Preparation of Draft documents for Company registration
After approval of name by the MCA, there needs to be filed certain documents in SPICE+ form on the MCA Portal for completing the company registration process. So, we need to prepare the draft documents and get it signed by the director and shareholders for filing form with MCA for company registration.
3. Acquiring of Digital Signature Certificate (DSC)
For filing of SPICE+, we need to apply for Digital Signatures Certificate (DSC) of all the directors and shareholders of the Company, which would be required to be affixed before filing of SPICE+ Form on MCA Portal.
4. Preparation and Filing of SPICE+ Forms
The next step is to prepare the SPICE+ Forms using MCA Portal. We need to prepare, SPICE +, SPICE MOA, SPICE AOA, AGILE AND Form INC-9, which needs to be filed as Linked form on MCA Portal.
5. Follow up and revert to MCA Queries
If MCA found any discrepancy in the forms filed for company registration, then it will send the resubmission along with reason for not providing the approval of form. We need to fulfill the requirements as sent in the resubmission for registration of our company.
6. Approval and issue of COI
After proper verification of documents and on being satisfied that the information provided is true and correct, the MCA will issue the certificate of incorporation along with PAN and TAN of the Company.
Check List: Documents Required for Company Registration in India.
The following documents shall be required for registration of the Company
- Consent to act as Director from all the directors of the company
- Declaration by each shareholder in Form INC-9
- PAN of each Director of the Proposed Company
- ID Proof of each director and shareholder of the Proposed company
- Address proof of each director of the Proposed company
- Proof of registered office of the company i.e rent agreement, sale deed etc.
- No Objection certificate for using the registered office of the Company
- Utility bill of the registered office of the company.
How ASPA can Assist
We offer all kinds of Consultancy, Compliances and Registration Services in relation to all types of Companies. We have empanelled various experts to provide the expert advisory, Registration and Compliances services for all types of Companies.
The services included in Company registration are:
- Name Reservation
- Preparation of Draft documents for Submission to ROC
- Preparation of forms for Submission to ROC
- Drafting of MOA And AOA of the Company
- DIN Application (upto 3 Directors)
- 6 Issuance of COI, PAN TAN
- DSC of all subscribers
- Follow up department and Approval
The service includes the following:
- Free Company / LLP Name Approval
- Free Digital Signatures (DSC) of Directors
- Free DIN (upto 3 Directors)
- Government Fees
- Professional Fees
- COI, PAN, TAN of company
- Drafting of Documents and forms for incorporation
- Preparation and filing of Form with MCA
- Followup with MCA for approval
- Assured approval for registration from MCA
- Advisory relating to all types of Companies.