Do you want to start an Indian Company? To register a company, you need to first apply for a Director Identification Number (DIN) which can be done by filing eForm for acquiring the DIN. You would then need to acquire your Digital Certificate and register the same on the portal. Thereafter, you need to get the company name approved by the Ministry. Once the company name is approved , you can register the company by filing the incorporation form depending on the type of company
- Minimum Requirements for the Private Limited Company.. Minimum 2 Directors
- Minimum 2 Shareholders
- The directors and shareholders can be the same person
- DIN(Director Identification Number) for all the Directors
- DSC(Digital Signature Certificate) for one of the Directors
step 1 .Obtain the Director Identification Number (DIN) ——— Obtain the DIN by filing application Form DIR-3 onliObtain the DIN by filing application Form DIR-3 online. This form is on the Ministry of Corporate Affairs (MCA 21) portal.
Step 2. Search for the Company Name availabilityhe Promoters have to provide at least 6 names in the order of their preference/priority.
Step 3.Application for Registration of Name The Promoters need to file e-Form INC.1 with Registrar of Companies for reservation of name . The Applicant needs to give 6 proposed names in preference/priority along with their meaning and significance of each word.
Step 4.Drafting of Memorandum of Association (MOA) & Articles of Association (AOA) Memorandum of Association covers fundamental provisions of the company’s constitution. It covers name, objects, situation, capital and liability clause.
What is Articles of Association? Articles of Association contain rules and regulations governing the internal management of the company. It is a binding contract between company and its members and members among themselves defining their rights and duties. After name approval from ROC, the next step is to draft MOA & AOA. The subscribers need to specify Name, Address, and Occupation in their own handwriting & sign the subscription pages of MOA & AOA. If one of the subscribers is a Foreign National or NRI, the subscription page where he/she is supposed to sign on the Memorandum and Articles of Association, should be notarized by an Indian Consulate of Home Country.
Step 5. Filing of e-forms with ROC (Registrar Of Companies)
Form INC.7, INC.8, INC.9. INC.10 and DIR.12
Step 6. Payment of ROC Fees & Stamp Duty After filing of documents online, we need to make payment of ROC fees and Stamp Duty electronically which is based upon the Authorised Capital of the Company
Step 7. Verification of documents / forms by ROC After payment of all stamp duties and ROC fees, ROC scrutinizes all the documents and forms. In case of any objections/queries raised by ROC, resubmission of forms may also require.
Step 8. Issue of Certificate of Incorporation by ROC Once all the Forms are duly approved by ROC, the digitally signed “Certificate of Incorporation” is emailed to the Directors. As part of the Green Initiative by the MCA (Ministry of Corporate Affairs), few Certificates including “Certificate of Incorporation” are now issued only in the electronic format i.e. softcopy (having digital signature of ROC Registrar). Once the Incorporation Certificate is received, Company can start it’s operations. We can help with this and with the day-to-day management of the business (for example, adding a new Shareholder to your Company) You can fill up the simple form on this page to learn more about formation of a private limited company in India.