Registering a new company in India involves a series of steps and compliance requirements. The process has been streamlined over the years to encourage entrepreneurship and facilitate ease of doing business. Below is a detailed guide on how to register a new company in India:
Types of Companies:
Private Limited Company:
- Minimum of 2 Directors
- Minimum of 2 Shareholders
- Maximum of 200 Shareholders
- Limited liability for shareholders
- More suitable for small to medium-sized businesses
Public Limited Company:
- Minimum of 3 Directors
- Minimum of 7 Shareholders (no maximum limit)
- Can issue shares to the public
- Strict regulatory compliance
One Person Company (OPC):
- Only one person is required to incorporate
- The sole member should be the sole director
- Limited liability
Steps for New Company Registration:
1. Obtain Digital Signature Certificate (DSC):
- DSC is required for online submission of documents.
- Directors must apply for DSC from government-approved agencies.
2. Obtain Director Identification Number (DIN):
- Directors need to apply for DIN online through the Ministry of Corporate Affairs (MCA) website.
3. Choose a Unique Company Name:
- Check the availability of the proposed company name on the MCA website.
- Ensure the name complies with naming guidelines.
4. Prepare the Necessary Documents:
- Memorandum of Association (MOA): Defines the company's constitution and objectives.
- Articles of Association (AOA): Contains rules and regulations for the company's internal management.
5. File for Name Approval:
- Submit the proposed company name along with the required documents to the MCA for approval.
6. Incorporation Application Submission:
- File the incorporation application with the Registrar of Companies (RoC).
- Include details like registered office address, company directors, and shareholders.
7. Pay Registration Fees:
- Pay the prescribed registration fees based on the authorized capital of the company.
8. Verification and Approval:
- The RoC will verify the documents, and upon satisfaction, the Certificate of Incorporation will be issued.
9. Obtain PAN and TAN:
- Apply for Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) after incorporation.
10. Commence Business:
- Once the Certificate of Incorporation is received, the company can commence its business operations.
Post-Registration Compliance:
Statutory Registers:
- Maintain statutory registers as required by the Companies Act.
Annual Filings:
- File annual returns and financial statements with the RoC.
Board Meetings:
- Conduct regular board meetings and annual general meetings.
Tax Compliance:
- Fulfill all tax obligations, including GST, if applicable.
Audit:
- Conduct annual audits as per statutory requirements.
Compliance Certificates:
- Obtain compliance certificates from professionals when necessary.
Conclusion:
Registering a new company in India involves a systematic process, and compliance with statutory requirements is crucial for the smooth functioning of the business. Seeking professional advice and using online platforms provided by the government can simplify the registration process. It's important to stay updated on regulatory changes and fulfill annual compliance obligations to ensure the continued legality of the business.