Company incorporation
& registration

A company is a “legal person” or “legal entity” separate from its members.
“It is a means of cooperation and organisation in the conduct of an enterprise”.

Classification of Companies on the Following Basis

Basis Types
1. Incorporation (i) Registered Company
(ii) Statutory Company
2. Membership (i) Public Company
(ii) Private Company
(iii) One Person Company
3. Object (i) Section 8 Company
(ii) Nidhi Company
(iii) Producer Company
4. Member Liability (i) Limited by Shares
(ii) Limited by Guarantee
(iii) Unlimited Company
5. Control (i) Government Company
(ii) Holding Company
(iii) Subsidiary Company
6. Nationality (i) Domestic Company
(ii) Foreign Company

Characteristics of Company

  • Minimum 2 and Maximum 200 members.(Minimum 7 and Maximum no limit in Public company)
  • Shareholders are not personally liable for payment.
  • Members may come and go but the life of the company keeps on existing forever.
  • No minimum capital requirement
  • Prohibition on Public Invitation (Public company can invite public for subscription of shares)
  • Mandatory to use the word “private limited”( “Limited” in case of Public company)
  • Transfer of shares is restricted.(NO restriction in Public company

Advantages and Exemptions of Company

  • 1. Two persons can form a private company (7 persons in Public company).
  • 2. Private company does not require to file a prospectus with the Registrar of companies.(Public Company has to file prospectus)
  • 3. In Private company Minimum two directors and are not liable to retire by rotation.( Minimum 3 Directors in Public company).

Documents Required for Company Registration

Documents related to director, shareholder:

Required Documents

  1. PAN Card (Mandatory)
  2. Aadhaar Card
  3. Passport-size Photograph
  4. Email ID and Mobile Number
  5. Identity Proof (Any one of the following)
    • Passport
    • Voter ID
    • Driving Licence
  6. Address Proof (Any one document, not older than two months)
    • Bank statement
    • Electricity, water, or gas bill
    • Telephone or mobile bill

Documents Related to Registered Office of Company

  1. Utility Bill (Not Older Than 2 Months)
    Any one of the following:
    • Electricity bill
    • Water bill
    • Gas bill
    • Telephone bill

    The address on the bill must match the registered office address mentioned in the incorporation form.

  2. If the Office Is Rented
    • Rent agreement
    • No Objection Certificate (NOC) from the property owner
  3. If the Office Is Owned
    • Ownership proof of the property
    • NOC from the owner (if the property is not in the company’s name)

Company Registration Process

DSC is mandatory for all the directors and the subscribers of the Memorandum of Association (MoA) and Articles of Association (AoA). DSC is issued by the Controller of Certification Agencies (CCA). Class 3 category of DSC must be obtained.

  • DIN can be obtained while filing the SPICe+ form, i.e. company registration form
  • DIN can be obtained for a maximum of three directors.
  • If there are more than 3 directors in the company but not having DIN then company can be incorporated with three directors and later appoint new directors. Such appointed directors can obtain DIN by filing the DIR-3 form.
  • The company must reserve its name by submitting two proposed names in the Part-A of the SPICe+ form.
  • It is important because if the company name is similar to the name of an existing company, LLP, trademark then the SPICe+ form will get rejected.In case it get rejected then re-file another SPICe+ form by paying the prescribed fee.
  • After the approval it will be reserved for a period of 20 days within which the company must fill Part-B of the SPICe+ form and submit the form online.
  •  

  • Provide information concerning capital, registered office address, subscriber and directors’ details, stamp duty, PAN and TAN application, and necessary attachments for new company registration in India.

  • Draft the Memorandum of Association (MOA) and Articles of Association (AOA) containing important company details.

    Also, file the AGILE-PRO-S form to register for GST, EPFO, ESIC, a bank account, and a shop and establishment license (which may be state-dependent).

    Certificate of Incorporation

    The MCA will issue the Certificate of Incorporation (COI) with the Company Identification Number (CIN), PAN, and TAN after successful document verification.

The Companies Act, 2013 introduces a new type of entity to the existing list i.e. apart from forming a public or private limited company, the Act enables the formation of a new entity a ‘one-person company’ (OPC). An OPC means a company with only one person as its member.

OPC requires filing of Nominee Consent (INC-3) at the time of incorporation.

Scroll to Top