How to register a company in India
To register a company in India, first, decide on the type of company structure, such as Private Limited, Public Limited, or LLP. Then, obtain Digital Signature Certificates (DSC) and Director Identification Numbers (DIN). Next, file the required documents with the Ministry of Corporate Affairs and obtain the Certificate of Incorporation.
Step 1: Check the company name
Before proceeding with company registration in India, ensure your chosen name complies with the regulations outlined in the Companies Act 2013 and Companies (Incorporation) Rules 2014.
- Your name must be distinct from existing ones, avoiding plurals, altered letter cases, or translations.
- Names incorporating sensitive terms like "Bank" or "Insurance" require approval from relevant authorities.
- Verify the availability of your desired name via the provided link to prevent conflicts during registration.
check company name availability in India is a key step to verify your desired name and prevent conflicts during registration.
Step 2: Obtain the pre-registration documents
- Gather essential pre-registration documents to streamline the online company registration process in India. These include obtaining Digital Signature Certificates (DSC) to electronically authenticate filings, ensuring compliance with the Information Technology Act 2000.
- Secure Director Identification Numbers (DIN) by submitting the Simplified Proforma for Incorporating a Company Electronically (SPICe).
- Prepare the Memorandum of Association (MoA) detailing shareholders and objectives, along with the Articles of Association (AoA) outlining company rules as per the Companies Act 2013. Knowing the company registration fees can help you budget for this step effectively.
Step 3: Select your preferred business type
Before you register your start-up in India, it's important to understand the different business structures available in India. The most common types of business structures are:
- Sole Proprietorship
- Partnership Firm
- Limited Liability Partnership (LLP)
- Public Limited Company
- Private Limited Company
Each structure has its own set of advantages and disadvantages, so it's essential to choose one that aligns with your business goals and requirements. If you are considering flexibility in management, explore the conversion of private limited company into LLP for a simplified compliance structure.
Step 4: Register the company online
Once all required documents are prepared, begin by creating your MCA Portal User ID. Utilise this ID to access the MCA Portal and fill out the SPICe+ form. Note that only directors with acquired DIN can proceed with the application process. Upon completion, submit the necessary documents through the MCA Portal under the SPICe+ section.
Step 5: Receive the Certificate of Incorporation
Following submission, the Registrar of Companies (RoC) undertakes authentication of the provided company documents. Upon successful verification, the RoC issues the Certificate of Incorporation, signifying the official recognition of your company's establishment under Indian law. This certificate serves as a crucial legal document confirming your company's existence and incorporation status. For those transitioning from private to public, understanding the process of converting private company to public limited company is equally crucial.
Importance of choosing the right business structure
Choosing the right business structure is crucial as it impacts various aspects of your business, such as liability, taxation, and compliance requirements. For example, a sole proprietorship offers simplicity but exposes you to unlimited liability, while a private limited company provides limited liability protection but involves more compliance. Learning about the difference between private and public company can help you make an informed decision for your business.
Using a business loan to start your business
One way to finance your budding start-up or company is through a business loan. A business loan from Bajaj Finance Limited can provide the necessary funds to start or expand your business. With a high loan amount of up to Rs. 80 lakh and disbursal of funds within 48 hours of approval, it is an ideal option to get the funds you need to start your business. Use our business loan EMI calculator to estimate your monthly instalments and choose the right loan amount that fits your repayment budget.
Different ways to choose the right business structure for company registration
When choosing a business structure, consider factors such as the nature of your business, the number of owners, liability protection, and tax implications. Consulting with a legal or financial advisor can help you make an informed decision.
Documents required for company registration
The documents required for company registration vary based on the business structure chosen. However, some common documents include:
- PAN Card
- Aadhaar Card
- Address Proof
- Identity Proof
- Memorandum of Association (MOA) and Articles of Association (AOA)
- Director Identification Number (DIN) for directors
Advantages of registering a company in India
Registering your start-up in India offers several advantages, such as:
- Legal recognition: Registering your company provides legal recognition and protects your business name.
- Limited liability: Business structures like LLPs and private limited companies offer limited liability protection to the owners.
- Access to funding: Registered companies can easily access funding through credit options such as secured business loans, investments, and grants.
- Tax benefits: Registered companies are eligible for various tax benefits and incentives provided by the government.
Post company registration compliances
Once your company is registered, it must follow certain legal and regulatory rules. These compliances help your business run smoothly, avoid penalties, and maintain transparency. Below is a clear guide to the main post-registration compliances for companies in India.
1. Annual Compliance and MCA Filings
All companies under the Companies Act, 2013 must file yearly returns and financial statements with the Ministry of Corporate Affairs (MCA).
Annual Return (Form MGT-7):
- File within 60 days of the AGM.
- Contains details of shareholders, directors, and company activities.
Financial Statements (Form AOC-4):
- File within 30 days of the AGM.
- Includes audited balance sheet, profit and loss account, and other financial reports.
2. Event-Based Filings
Some business changes must be reported to the MCA within set timelines:
Appointment/Reappointment of Auditor (Form ADT-1):
- File within 15 days of the AGM for reappointment.
- For new companies, file within 30 days of receiving the Certificate of Incorporation, in the first Board meeting.
- Required for appointing or reappointing a statutory auditor.
Change in Board of Directors (Form DIR-12):
- File within 30 days of a director’s appointment, resignation, or removal.
Change in Registered Office (Form INC-22):
- File within 15 days of shifting the registered office.
Issue of New Shares (Form PAS-3):
- File within 30 days of allotting shares.
3. Compliance Certificates & Regulatory Reporting
Some companies must submit extra compliance forms:
Deposits Reporting (Form DPT-3):
- Mandatory for private companies that take deposits.
- File within 90 days of the financial year end.
MSME Payments (Form MSME-1):
- For companies with overdue payments to Micro or Small Enterprise suppliers.
- File twice a year by 31 October and 30 April.
4. Other Compliance Requirements
Creation/Change of Charges (Form CHG-1):
- File within 30 days of taking a loan or altering charges on company assets.
Auditor Resignation/Non-Ratification (Form ADT-3):
- File within 90 days if an auditor resigns or is not ratified.
Board and Shareholder Resolutions (Form MGT-14):
- File within 30 days for certain board resolutions and major agreements.
Steps to register a foreign company in India
Once you’ve selected your business structure, you can start registering your company. Below is a step-by-step guide to the registration process in India:
1. Choose and reserve your company name
Your first step is to pick a unique company name. You can reserve it through Part A of the SPICe+ form on the MCA Portal. You must submit two name options, and they must follow government rules (for example, a private limited company must end with “Pvt. Ltd.”).
2. Submit company details
After the name is approved, submit the rest of your details through Part B of the SPICe+ form. This includes capital, registered office address, director and shareholder details, and required documents. At this stage, you also apply for PAN, TAN, GST, stamp duty, and other registrations.
3. Prepare and submit incorporation forms
Next, draft and upload your Memorandum of Association (MOA) and Articles of Association (AOA) to the MCA.
Once your application is approved, the MCA will issue your Certificate of Incorporation, and tax details will be provided by the Income Tax Department. Directors and shareholders must sign the incorporation documents.
How a secured business loan can help you scale your business
Once your business is registered, you may need additional funds to scale and grow. A secured business loan from Bajaj Finance Limited can help you finance expansion projects, purchase equipment, or increase working capital. By using your assets as collateral, you can secure a lower business loan interest rate and higher loan amount. You can borrow up to Rs. 1.05 crore through a business loan and repay it comfortably over a tenure of up to 15 years.
In conclusion, registering a company in India is a significant step towards establishing a successful business. By understanding the different business structures and using a business loan wisely, you can set your business up for success.
Helpful resources and tips for business loan borrowers
