The first step before starting a business in India
is to choose the right business structure. A right business structure is one
which compliments the business of the entrepreneur. The available business
structures in India are as follows:
Limited Liability Partnership
Being the most important step one needs to consult a professional to choose the right business structure. A Private Limited Company is the best and highly recommended business structure to start a business in India. Here are the benefits of Company Registration:
liability to its shareholders
The directors may be
different form the shareholders i.e. owners
Ease of getting bank
Once the business
structure is decided the next step is to get the same registered. Company
incorporation being the popular form of business one can refer the following
Company registration process:
UNIQUE NAME: Name registration/ approval is required to find a unique name for the proposed Company. For which a thorough check of MCA database and trademark in the related class needs to be done before applying the name with the Ministry of Corporate Affairs.
DIGITAL SIGNATURE CERTIFICATE: Application for digital signatures need to be filed with the government authorised agencies which are verified by the Controller of Certification Agencies. DSC’s are password protected token used in the Company registration process.
Next is to prepare the related documents and forms for which one can take assistance from professionals or hire them for such Ca services. The incorporation forms are linked forms which contain the following:
NO. INC-32 (Simplified Proforma for Incorporating Company Electronically): As
the name specifies it’s an integrated form which shall enable the applicant to
file the following:
Name of the Company
Director Identification Number
FORM NO. INC-33 (e-Memorandum of Association): This form contains the main business activity of the Company along with the details of the subscribers to the memorandum i.e. the shareholders of the Company and the amount of authorised capital.
FORM NO. INC-34 (e-Articles of Association): All the rules and regulations along with the procedures for holding meetings, transfer of shares, voting rights etc. are listed in the articles of the Company. It contains the rules required to run the Company as required by the Companies Act, 2013.
FORM NO. INC-35 (Application for Goods and services tax Identification number, employee’s state Insurance corporation registration plus Employees Provident fund organisation registration): One can apply for GSTIN / EPFO / ESIC through the same form.
Once the forms are filed the company registration process is completed.
After business registration one
needs to obtain the PAN i.e. Permanent Account Number and TAN i.e. Tax Account
number. Both can be applied through NSDL website by filling form 49A and 49B
All businesses where the turnover
exceeds 20 Lakh need to take GST registration. It is compulsory for E-commerce
businesses as well.
The registration process takes
around 7-12 working days. Business registration is not an easy task it requires
professional interface at every step.
Brand registration is required for
the logo and the brand name. For which trademark registration can be applied.
Once the application is filed the words TM can be used with the logo and after
approval R mark is used.
Frequently Asked Questions:
What are the important steps to start business in India?
private limited company is an organization which is secretly held for
independent ventures/company. The obligation of the individuals from a Private
Limited Company is constrained to the measure of offers separately held by
them. All the information about Private Limited Company is talked about in the
2(68) of Companies Act, 2013 characterizes privately owned businesses. As
indicated by that, privately owned businesses are those organizations whose
articles of association confine the limit the exchange capacity of shares and
restrict them to buy or subscribes. There are many characteristics of a private
Below are some features of a public company which differs it from Public companies:
Unlimited liability, the risk of individuals is boundless in this kind of privately owned businesses. Owned resources of individuals can be connected and sold when the organization is being beaten up.
Different requirements of Private Limited Company
Members should be in between 2 to 200
Minimum two directors are must and every director should have DIN i.e. Director Identification number
Name should have included Pvt. Ltd on the end of the company’s name
Registered office address is a must.
Digital signature certificate is also must require in the digital world
Professional certificate is also needed like CA, secretary and many more
Various advantages of Private Limited Company
Incorporated association, an organization is made when it is enrolled under the Companies Act. It appears from the date referenced in the certificate of joining. As per the MCA’s company act, Company which owned more than two employees should be registered with full name.
Legal person,well companies are not a person. These are registered under the law and cannot work as their own because it must require some legal person to run it which are chosen by shareholders. These persons are called directors of the board.
Separate Legal entity, an organization has a lawful particular substance and is independent of its individuals. The loan company of the organization can collect their money just from the organization and the property of the organization. They can’t sue singular individuals who are part of the company.
Ceaseless Existence, an organization is a steady type of business association. Its life does not rely on the passing, indebtedness or retirement of any or all shareholder or executive. Law makes it and law alone can break up it. Individuals may come and go however the organization can continue forever
Common Seal/stamp, an organization not being a person can’t sign on the documents unlikely human person. It acts through a characteristic individual who is called its executives/directors. Be that as it may, having a legitimate character it very well may be bound by just those records which bear its sign. Along these lines, the law has accommodated the utilization of regular seal, with the name of the organization engraved on it, as a substitute for its signature.
conclude Private companies are totally different from public companies and a
private company is registered association under the company act of government
which is artificial legitimate individual, having a free lawful, element with a
ceaseless progression, a typical seal for its signs, a typical capital
comprised of transferable shares and conveying highly controlled risk.
Private Limited Company is the most popular and
prominent type of corporate legal entity in India. The Ministry of Corporate
Affairs, the Companies Act, 2013 and the Companies Incorporation Rules, 2014
regulate private limited company registration. A least two shareholders and two
directors are required to register a private limited company. While a corporate
legal entity can only be a shareholder, a natural person can be both a
shareholder and the director.
Besides, foreign citizens, foreign corporate entities
or NRIs may be directors or shareholders with Foreign Direct Investment of a
company making it the preferred entity option for international promoters.
Are you thinking of setting up your business in Delhi?
Do you want to know the process involved in private limited company registration in Delhi?
required for private limited company registration in Delhi
The applicant must mandatorily submit the following
documents along with the identity card and address proof:
Memorandum of Association
Article of Association
Copy of PAN Card
Copy of Aadhar Card
Firm Address Proof like Electricity
Bill or Telephone Bill or anything similar that has full name and address of
the firm in legible language. (not more than two months old)
Rent agreement or Electricity Bill
if the business place is taken on rent duly attached with No objection
Certificate (NOC) issued by the owner.
Process for Private
Limited Company Registration in Delhi
first step is to apply for Digital Signature Certificate (DSC) and Director
Identification Number (DIN)
apply for approval of the name with Registrar of Companies (ROC), Delhi
third step is to apply for Registration in INC-32 forms
last step is to obtain a Registration Certificate.
Following are the steps involved in registering a
private limited company:
1. Obtain DSC
Since we are taking an online route to register a private limited company, Digital Signature is mandatorily required. It is mandatory for all the subscribers and witnesses in the memorandum and article of association. You can obtain Digital Signature Certificate either online or offline from government recognized certifying agencies. There are two category of DSC available, i.e. Class 2 and Class 3. Under Class 2, your identity will be verified against a pre verified database, whereas under class 3, you need to be present in person before the registering authority.
Incorporate a company via Reserve
Unique Name (RUN) form.
Apply for the proposed name through
In an attempt to ease the registration procedure, RUN web service has been introduced by Ministry of Corporate Affairs. While filling RUN form, be extremely careful as it gives you only one chance for applying and in case of rejection of name (based on valid grounds) there is no second chance available. In this case you have to re-file another RUN form by again paying the prescribed fees.
To apply for a name using RUN web from, the applicant
must first create a MCA account. The account is free of cost. After creating
and logging into the MCA account, the registrant can choose “Private Limited”
as the type of company to be registered. He further needs to provide one name
choice and check against the database of MCA to check the availability.
It is important to note that MCA Run System only check
for identical company names. However the Company Incorporation Rules, 2014 says
a company cannot be registered with an identical name. Hence even if the MCA
database shows the availability of name, it does not guarantee approval.
However, with effect from March 23,
2018, Ministry has decided to permit two proposed Names and one re-submission
(RSUB) while reserving Unique Names for the Companies.
You must think carefully before adopting a name
because any name that violates the rules will not be allowed to use.
There’s a list of undesirable names that can’t be used.
If it is
identical with or too closely resembles the following, a suggested name will be
considered as undesirable.
Existing company names and LLPs or names approved by the Company Registrar and LLPs.
A registered trademark or trademark for which others have applied for registration and used it or owned it.
Names are given under and in violation of the Emblems and Names Act, 1950.
Foul words or phrases. Words or expressions used as a derogatory term and offensive to a group of people.
Names with “British India” words.
3. Obtain Director Identification Number for Incorporation
All individuals who are proposed to be the director of
the company should have a valid Director Identification Number. The person
should apply for DIN only through the SPICE from. All the details should be
filled in the SPICE form along with their PAN or Passport details. On
incorporation of the company, DIN will be allocated to the person who has duly
applied for DIN.
If a person already has a DIN and incorporating a new company, SPICE form must still be used and DIN can be entered wherever applicable.
Next, you should choose the operation your Private
Limited Company will engage in. You can decide from any of the alternatives
that you have been given. And if you cannot find the correct option for your
operations, you can select the’ other’ option. It is requested to appoint a
professional so that he/she can help you with drafting memorandum and article
5. Form SPICe (INC-32)
Ministry of Corporate Affairs has introduced Form
SPICe (INC-32) to simply the process for incorporating and registering a
company online. Prior to the introduction of SPICe form, a company is required
to file several documents like DIR-3, DIR-12, INC-1, INC-7, INC-22 for
different registration requirements. Now all these forms have been merged
together in a simplified way.
A professional’s digital signature is mandated to file
the INC-32 form. The professional must certify the correctness of all the
information provided in the form. The professional can be a Chartered
Accountant, Company Secretary, Cost Accountant or advocate.
6. e-MoA(INC-33) and e-AoA (INC-34)
The intention behind introducing e-MoA and
e-AoA is to simply the company registration process in India. e-MoA and e-AoA
stands for electronic Memorandum of Association
and electronic Articles of Association respectively.
The forms need to be filed online on MCA portal and they are linked with SPICe (INC-32). Both of these forms must be mandatorily filed by the subscribers of the Memorandum and Article of associations.
You can apply
for the PAN and TAN of the company through the single SPICe form by using forms
49A for PAN and 49B for TAN. After submitting the SPICe form, the system will
auto-generate PAN and TAN form. All you need to do is download it, attach
electronic signatures and upload both forms to the MCA portal.
If all the information in the form is properly filled
in along with the necessary documents, MCA will approve the registration and a
CIN (Corporate Identity Number) will be given. This CIN can also be tracked on
the MCA portal online.
Ministry of Corporate Affairs has significantly made
the registration process a lot more simple and easier in an effort to spur new
Frequently Asked Questions
1. What is the fee for Incorporation?
The MCA has announced zero fees for incorporation up to 10 lakh of an authorised capital in an attempt to simplify the company incorporation process and encourage new start-ups. Hence, Businesspeople would be able to save a thousand rupees as an incorporation fee. Notwithstanding the announcement of zero fees for the SPICE form, eMOA and eAOA–stamp duties would still be valid for incorporation as before depending on the state of incorporation.
2. What are the changes made in the registration process in 2017 and 2018?
By reducing the forms for name
approval, DIN application and incorporation, the MCA has accomplished
substantial process decrease while enhancing the ease of using SPICe form.
A significant drawback in using the
SPICe form earlier was that Entrepreneurs or Professionals were unable to
acquire previous approval of the name. In the event of refusal of name while
using SPICe Form, they were compelled to redo incorporation paperwork. But now,
MCA has streamlined the name approval process and made it optional by
implementing a web-based method for name authorization called RUN.
3. Can a proposed director of a new company apply for DIN through Form DIR-3?
per the company registration process 2018, DIR-3 form can only be used for
adding a director by existing companies. Hence, due care must be taken by the
professionals to ensure that DIN, through DIN-3 is not obtained for a proposed
director of a new company.
4. What are the documents required for filing SPICe (INC-32)
The following documents are
required for filing SPICe (INC-32):
If the Director or Subscriber is an
Address Proof: It can be Passport, Voter ID Card (Election
Card), AADHAR Card, Electricity Bill, Telephone Bill, Ration Card or Driving
Residential Proof: It can be Bank
Statement, Electricity Bill, Telephone Bill or Mobile Bill.
If the Director or Subscriber is a
Proof: It can be Driving License, Residence Card, Bank Statement or Government issued form of
identity containing address.
Residential Proof: It can be Bank
Statement, Electricity Bill, Telephone Bill or Mobile Bill.
5. What is the time required to register a company?
nowadays a company registration has become a fast track process, it takes
lesser time to register a company online as compared with the old process.
You can read more such blogs on our official website CAONWEB. Click here to visit now.
If you are interested in starting an IT Company in India, then it is
mandatory to establish the legal presence of your company. You have to file an online
application to the Registrar of Companies or ROC for online company registration
You can also take the help of professionals through our online platform of CAONWEB in the company registration process of IT Company in India. Professionals registered with CAONWEB offers the best services of online company registration in India at affordable prices and quick turn-around time.
The procedure to register an IT Company in India includes the following steps:
Step 1: Obtain a Digital Signature Certificate (DSC):
The company registration process is online and digital signatures are
required to file the forms to the MCA for company incorporation. It is
mandatory to obtain DSC for all subscribers and witnesses in the memorandum and
articles of association.
Step 2: Apply for Director Identification Number (DIN):
DIN is an identification number for a director and it has to be obtained by anyone who wants to be a director in a company. One DIN is enough to be a director in any number of companies. There are 2 ways of obtaining DIN:
Option 1: File form DIN 3 which requires basic details of the proposed director along with identity proof and address proof. Now the applicant need not file DIR-3 separately and it can be applied within SPICe form (INC 32).
Option 2: File SPICe form (INC 32) and DINs gets issued to the proposed directors who do not have a DIN. Under SPICe form (INC 32), maximum of three directors can apply for DIN. If there are more than 3 Directors and more than 3 persons doesn’t have DIN, then the applicant has to incorporate Company with 3 Directors and have to appoint new directors later on after incorporation.
Step 3: File
for Name Approval
There are 2 options for the name approval for the purpose of company
Option 1: You can apply for name approval thorough RUN (Reserve Unique Name) form.
Option 2: You can apply for name approval thorough SPICe form (INC-32).
Step 4: File SPICe form (INC-32)
Ministry of Company Affairs has introduced SPICe Form (INC-32) and it serves
the following purposes with the benefit of a single application for company
Application for allotment of DIN
Reservation of company name
Incorporation of a new company
Application for PAN and TAN
The certification of a professional (Chartered Accountant, Company Secretary, Cost Accountant or advocate) is required and he certifies that all the information provided in the SPICe Form (INC-32) is correct.
e-MoA is electronic Memorandum of Association and e-AoA is electronic
Articles of Association and these forms are filed as a linked form with SPICe Form
(INC-32) and must be signed by the subscribers to the Memorandum of Association
and Articles of Association.
Step 6: PAN and TAN Application
Through SPICe Form (INC-32), you can also apply for the company’s PAN
and TAN by using forms 49A for PAN and 49B for TAN. These forms will be auto-generated
after the submission of SPICe Form (INC-32). You are required to download them
and affix digital signatures and upload both forms on the MCA portal.
Recently Ministry of Corporate Affairs (MCA) has introduced a new form
AGILE (Application for Goods and Services Tax Identification Number, Employees
State Insurance Corporation Registration plus Employees Provident Fund
Organization Registration) which is also linked form with SPICe Form (INC-32).
These are the steps of online company registration in India. If you have any query and you want detailed information about online company registration in India or company registration process in India, then you can take help of professionals through our online platform of CAONWEB.
If you are planning to start business in India, the first & foremost
step is to establish the legal presence of your business in India by
registering your business in accordance to the applicable provisions of
Companies Act, 2013.
As a Startup, you have various alternatives to incorporate your
business like Sole Proprietorship, Partnership Firm, One Person Company,
Limited Liability Partnership, Private Limited Company, and Public Limited
Company. It is mandatory to register your business before starting any
business. The first step is to decide the type of business structure you want
to choose for your business among different types of business structure
available in India.
Private Limited Company is the most popular type of business structure in India. The Company registration process is online and for registering a private limited company, a minimum of two shareholders and two directors are required.
Advantages of registering a Private Limited Company in India:
You should incorporate your business as a Private Limited
Company as there are various benefits of the Private Limited Company
Separate legal identity– Private Limited Company is a separate legal entity from its members in the eyes of law and due to this the distinction, the members of the private limited company are responsible only for those actions which are undertaken by them and not by other members.
Limited Liability– Members of the private limited company have limited liability to the extent of their share in the company and personal assets of members cannot be utilized for the payment of the liabilities of the company under any circumstances.
Perpetual succession– Private limited company is formed as a separate corporate entity in the eyes of the law. And, the life of the company does not come to an end even with the death of all members and the life of the business continues.
Easy and free transferability of shares– Members can easily transfer the shares of the private limited company as they have to simply file and sign the share transfer form and give it to the buyer of shares along with share certificates.
Raising the foreign investment– In the private limited company, any NRI or foreigner can make an investment without government approval. Thus, the raising of foreign investment is easier in this form of the company than others.
If you are worried about how to register a company in India, then you can easily register a Private Limited Company in India online with the help of professionals providing online CS and CA Services through our the online platform of CAONWEB.
In order to help our clients in online business registration in
India, we at CAONWEB provide you a platform in the form of online directory of
CA, CS, Advocates & other professionals wherefrom you can choose the best
Company Secretaries having expertise in all types of business Registrations in
India like private limited company registration, One Person Company
Registration, MSME Registration, etc.
Steps for registering a Private Limited Company in India:
For private limited company registration in India, you have to follow easy steps which are explained in detail below:
Step 1: Obtain a Digital Signature Certificate:
The first step is to get the
Digital Signature Certificates (DSC) of the person involved. The requirement of
DSCs arises for filling of e-forms on the online portal of the Ministry of
Corporate Affairs (MCA). Digital Signature Certificate, which is commonly known
as DSC is issued by the Certifying Authority in token form and is valid for 1
or 2 years.
The personnel involved in company
formation in India are Subscribers and Directors for the proposed company. The
Subscriber is the promoter of the company and proposed shareholders. The said
shareholders are required to file e-MOA and e-AOA by affixing DSCs whereas
proposed directors shall obtain DIN by making an online application in the next
List of Documents for Digital Signature Certificate:
· Passport size photograph of the applicant;
· Self-attested Address proof of the applicant; and
· Self-attested PAN card of the applicant.
Step 2: Obtain Director Identification Number
DIN is an identification number for a director and it has to be obtained by anyone who wants to be a director of a company. One DIN is enough to be a director in any a number of companies.
The DIN obtained can also be used for an appointment for any other company and appointment as Designated Partner in the LLP.
e-MoA refers to an electronic Memorandum of Association and
e-AoA is electronic Articles of Association and these forms are filed as a
linked form with SPICe Form (INC-32) and must be signed by the subscribers to
the Memorandum of Association and Articles of Association.
Step 6: PAN and TAN Application
Through SPICe Form (INC-32), you can also apply for the company’s PAN and TAN by using forms 49A for PAN and 49B for TAN. These forms will be auto-generated after the submission of SPICe Form (INC-32). You only have to download it, affix digital signatures and upload both forms on the MCA portal.
Documents required for registering a Private Limited Company in India:
A. Where director and subscriber are Indian Nationals
An Affidavit on a Stamp Paper, which is to be given by all the subscribers of the Company to state their willingness to become the shareholders of the Company
Proof of office address – Rental Agreement
Copies of utility bills which should not be older than two months
Copy of approval in case the proposed name of the company contains any word(s) or expression(s) that require approval from central government
If the name you proposed for your company is based on a registered trademark or is a subject matter of an application pending for registration under the Trade Marks Act, then you have to mandatorily attach the trademark registration certificate or trademark application copy
NOC from the owner of the property
In the case of subscribers/ Director does not have a DIN, it is mandatory to attach, proof of identity and address proof of the subscribers
B. Where director/subscriber is a
Address proof which can be driving license, residence card, bank statement, or a form issued by Government
Registered office proof of the
company which can be registered document which shows the title of the premises
in the name of the company or notarized copy of lease deed or rental agreement
About the new concept of one person company:
One Person Company is a new concept introduced by the Ministry of Corporate Affairs which allows a single entrepreneur to operate a corporate entity with limited liability protection.
OPC Registration makes the entrepreneur a separate legal entity distinguished from the company and have limited liability. And, the company has its own assets and liabilities, the promoter and their property is detached and not personally liable to repay the debts of the company.
You can contact professionals through CAONWEB for all type of
business Registrations in India like a private limited company registration,
One Person Company Registration, MSME Registration, etc. and other legal &
regulatory compliance CS and CA Services in India.
1.What are the types of Companies that can be registered in India?
The types of Companies that can be registered in India are:
One Person Company
Private Limited Company
Public Limited Company
Section 8 Company
2.Can I register a Private Limited Company on home Address?
Yes, you can register your Private Limited Company on your home
3.Can I register my family members as directors or members of the
Yes, you can register your family member as a director or
members of the company and on a later stage, you can change this or transfer
4.How many days are required to register a Private Limited
Minimum 10-15 days are required to register Private Limited
Company. The time required also depends on relevant documents provided by the
applicant and speed of approvals from the government.
5.How much does it cost to register a Private Limited Company?
The cost to register Private Limited Company depends on various factors like Number of directors and share capital of the company, form filing fees, and Consultancy fees of Professionals like CA, CS Directory and lawyers.
6.Can an NRI or Foreign National become a director or shareholder
in a Private Limited Company in India?
Yes, an NRI or Foreign National can become a director or shareholder in a Private Limited Company in India.
Business registration in India is very important when we think of
starting a business in India. In today’s era, we have the facility of
registering our business online. Online business registration involves less
cost, less time and efforts and we don’t have to visit a consultant’s office
every time as nowadays we can get these services online within a reasonable
For business registration in India, we first have to decide the type of business structure we want to choose among different types of business structure available in India.
Online Firm Registration Process in India
Sole Proprietorship Firm Registration:
This structure is most suitable when your business is small and there is only one owner. It is the one which involves the least cost and has very fewer compliance.
Online firm registration process in India:
Open a current bank account
For opening a current bank account, we can
either opt for MSME registration or have GST registration.
Partnership Firm Registration:
This structure is most suitable when there are two more persons come together to form a business as partners and divide the profits thereof in an agreed ratio. It is easy to form and have fewer compliances as compared to a company.
Company Private Company Registration Process in India:
As per Companies Act, 2013 private limited company should be registered with Ministry of Corporate Affairs. There should be at least 2 members who can also act as directors of the company. The private limited company registration process on India is as follows:
Apply for DSC
Apply for DIN in the form DIR-3
Register for company name in India via e-form RUN
Filing forms SPICe-INC-32 Form, e-MOA(INC-33) and e-AOA(INC-34) with MCA along with the required documents
Issue of Certificate of Incorporation
Open a current bank account
One Person Company Registration Process in
As per Companies Act, 2013 One Person Company should be registered with Ministry of Corporate Affairs. There are only 1 director and member. The online company registration process on India is as follows:
As per Companies Act, 2013 One Person Company
should be registered with Ministry of Corporate Affairs. It has the benefits of
both partnership firm and company into a single form of organization. The online
firm registration process in India for LLP is as follows:
Register for the company name in India via e-form LLP-RUN
Incorporation Application in the form FiLLip
File LLP Agreement in form 3
Open a current bank account
The company registration process or online firm registration process in India is somewhat complex and involves tedious documentation part, along with also requires professional certification via chartered accountant, company secretary, cost and management accountant. You can search such said professionals on online directory of CAONWEB near you who can help you in online firm registration process in India or company registration process or for register company name in India or any other service related to licensing, registration or taxation.
Getting online company registration in India or private limited company registration in Delhi or required licenses for proprietorship firm registration in Delhi has become possible but you should always select a trusted advisor to offer you any Online Company incorporation In Delhi. Because the compliance advisory time to time may be needed by you and we could be your friend on that. With us, at caonweb we assure you that you will experience the best in terms of quality of service and also the price when it comes to New Company Registration in Delhi.
CHOOSE A BUSINESS STRUCTURE FOR NEW COMPANY REGISTRATION IN DELHI:
Your business can be a sole proprietorship, a partnership, a limited liability Partnership firm (LLP) or a company. The business entity HOW TO REGISTER COMPANY IN DELHI?ess entity you choose will impact many factors from your business name, to your liability, to how you file your taxes for online Company Incorporation in Delhi.
You can start with an initial business structure, and then re-evaluate and change your formation as your business develops and needs change.
Sole proprietorship: In a proprietorship firm structure, there is no difference between owner and the business. Business owner controls & manages everything directly in the business and has the unlimited liability for all losses and debt.
It is very easy way to start a
business. There is no such mandatory proprietorship firm registration in delhi
with Government in proprietorship structure. There is exclusive PAN card in the
name of business. The income tax return and the payment of taxes is done by
proprietor only. A proprietor can have a different trade name for the business.
Proprietorship firm registration in Delhi is easies form to start business.
You can take the help of professionals for proprietorship firm registration in Delhi.
Partnership: This structure is most popular for those business started by more than one person, a small or unorganized business. There is not much compliance or high cost involved in partnership which is also a reason why it is the most preferable structure to start business anywhere in India. The owners is partnership firm are equally and personally liable for the debt of business. There is a written agreement made which is then stamped registered after which it becomes partnership deed. The only documents required under this are identity and address proof of the partners.
Limited Liability Partnership (LLP): Limited Liability
Partnership arrangement is company used by professional organizations. It is a
legal structure of business having features of corporate structure, introduced
in the year 2009; its feature is that it is like a partnership firm along with
the limited liability concept. Minimum partners required to form LLP is 2.
In partnership firm, Firm and partners are not regarded as separate legal entities. Partners are personally liable due to an unlimited partnership liabilities. In LLP structure, the liability of is limited to the capital contribution of partner. LLP has perpetual existence until dissolved by promoters.
So, finally, you can decide among which structure suits your business for new Company Registration in Delhi. Selecting the right structure will help with the operational and financial success of the company. We the team of CA/CS are here to guide you on the right structure for your business & for online Company incorporation In Delhi.
The business opportunities in India is attracting Non-resident person to start a company in India. Here we will simplify what all is needed for a nonresident Indian to start a business in India. The most ideal form of doing business in Indiais forming a private limited company.
How to register a company in India if you are a non-resident Indian?
Minimum criteria for a private limited company registration process is that the company shall have 2 directors, one shall be resident in India.
By resident in India means that person should have stayed in India for more than 182 days in the previous year.
Also, two shareholders are a mandatory requirement of a private limited company in India. However, in the shareholder case, there are no such terms of being resident. The shareholders can be a combination of individual, non-resident or other legal entities.
Directors shall have digital signatures for signing e-forms and Director Identification number (DIN) before proceeding with the process of incorporation.
In legal entity concept in India, shareholders are the owner of the company and the ownership is based on the percentage of shareholding they have. Director takes care of the operations of the legal entity and is representative of the legal entity for any legal matters.
Documents checklist in company registration in India if one director is Non Resident Indian
Identity proof (PAN card)
Address proof (DL/Voter ID/Bank statement)
Current address proof of NRI (DL, Bank statement or any utility bill in the country of residence- These documents shall be notarized by public notary of USA and apostilled by competent authority
How to start the procedure of company registration process in India?
Get the best of directory of consultants, first of all, it should be from the reliable source. All you find on the website may not be trustworthy, so you first do your homework on how genuine is the website.
If you get in touch with the right expert it becomes absolutely a hassle-free process for you, so the best route is to find an expert such as a chartered accountant or company secretary in India and then get started.
Given all the documents And application filing is completed then it is a matter of less than a month to have your legal entity registered in India
Question: Should the nonresident person who is director shall be present in India when a company is being incorporated?
Answer:Well the answer to this is No, it is not necessary for a nonresident director or shareholder to have their presence in India. Your consultant can get the entire process completed online without having you to travel to India.
India is among the top growing economies in the world and there have been solid success stories of new ideas, businesses in India. The ease of doing the business ranking of India has improved drastically in the past few months and it could be a time when you can to so much in India.
In accordance to companies act, 2013 and the Companies Incorporation Rules 2014, the private limited company must be registered with at least 2 members who can also act as Director of the company, one of the Director of a private limited company has to be an Indian Citizen and Indian Resident. The other director(s) can be a Foreign National. in the private limited company. The company object should be legal. The procedure for the new company incorporation is as follows:
Name of the company
First & foremost requirement for the Register Private Limited Company is name approval from the MCA (Ministry of corporate affairs) through RUN e-form in which two names can be provided, the names should be as per the guidelines mentioned in companies act, 2013. If the names provided in the RUN form gets rejected by the MCA, the form can be resubmitted once with two more names. The name approval process usually takes the time of 1-2 days, once the form is submitted, MCA sends the communication via email in regard to the approval/ rejection.
Acquire DSC for Directors
After name approval, the digital signature must be obtained for the proposed Directors of the Company. The digital signature will be used for signing the incorporation application, this process of obtaining Digital signaturecan run parallel to the name approval process.
Application for Certificate of Incorporation
On obtaining the Digital Signature, the incorporation application through SPICe Form can be submitted with MCA. The SPICe Form must be submitted with SPICe_MOA and SPICe_AOA.
MOA (Memorandum of Association) & AOA (Article of Association)
MOA & AOA are the two very important documents for the company. MOA of the company defines the scope of operations of the company, whereas AOA defines how the company will be carrying the operations as per the applicable Act. The AOA of a Private Limited company shall mandatorily consist of the following three clauses in addition to general clauses:
Limitation on the number of members up to 200.
Restriction on transfer of shares.
Prohibition on accepting securities from the public.
The documents required to be submitted with SPICe form are as follows:
Utility Bill and NOC from the owner for the Registered Office address of the Company;
Rental Agreement with the owner of the registered office, if premises are rented;
Consent to act as a Director of the company inform DIR – 2;
Affidavit and declaration by the first subscriber(s) and director(s) in form INC – 9 (duly franked and notarized);
The certified True copy of the self-attested Identity proof of the first subscriber(s) and director(s).
Once the form is submitted, MCA verifies the application and documents, after verification the concerned RoC may provide the Certificate of Incorporation (COI), which is a conclusive proof certifying the existence of the company, which also includes the details like date of Incorporation, Company Identification Number (CIN) and Permanent Account Number (PAN) along with the sign and seal of the Registrar.
On the receipt of the Certificate of Incorporation, the company may commence the Business Activity.
One of the ways to set up a non-profit organization in India is per incorporating a section 8 company. Variant ways are there such as trust establishment or social establishment. However other forms are regulated by dominion Governments now those section 8 company is regulated by Central Government. Minimum requirements are- minimum 2 directors, Section 8 company means it is established stand for the promotion of art, science, sports, education, research, social welfare, religion, charity, protection of the environment or someone such other object. The avail, if someone or other income is applied for promoting only the objects of the firm and no dividend is paid to its members.
4. Can a foreign national become director of a section 8 company?
Yes, an NRI or Foreign National may also be a shareholder or director in a section 8 company.
5. How do I start with if I want to start a section 8 company and how long does it take to form a public limited company?
You should firstly select the right service provider. Caservicesonline has professionals such as CA/CS who are specialist in incorporating all types of companies in India. You can reach out to us online either you could even have face to face discussion with our team. You are always welcome to our office from Monday to Saturday between 10 am to 6 pm. It takes 10 to 12 working days for the process to get completed.