What are the documents required for company registration?
Choosing the right business structure is the first and foremost thing when planning to start your own company. A right business structure will keep you aligned with your business goals and help you achieve your financial targets. In India, every business or a company registration has to undergo various compliances and checks to successfully register as a legal company. In this blog post we will discuss all the necessary and important documents required for company registration in India.
The most important documents required for company registration are identity proof of directors, address proof of directors and registered office, passport size photograph, address proof of shareholders, DSC, DIN, MOA and AOA.
What are the types of business structure in India?
The types of business structure or company registration as per the companies Act, 2013 are One Person Company(OPC), Private Company, Public company, Limited Liability Company(LLP), Partnership firm, Nidhi company, Producer company, Section 8 company, NGO etc.
Let's discuss some details about each of the business type:
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Sole Proprietorship: This is the simplest form of business entity, where a single individual owns and operates the business. The owner has unlimited liability and assumes all risks and profits.
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Partnership Firm: A partnership is formed when two or more individuals come together to carry out a business and share its profits and losses. Partnerships can be either registered or unregistered.
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Limited Liability Partnership (LLP): LLP is a hybrid form of partnership and a separate legal entity. It offers limited liability protection to its partners and requires at least two partners. It is governed by the Limited Liability Partnership Act, 2008.
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Private Limited Company: A private limited company is a separate legal entity with limited liability. It requires a minimum of two shareholders and two directors. The shares are privately held, and the transfer of shares is restricted. It is governed by the Companies Act, 2013.
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Public Limited Company: A public limited company is similar to a private limited company but can have a larger number of shareholders and can raise capital from the public by issuing shares. It must have a minimum of three directors and comply with additional regulations.
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One Person Company (OPC): Introduced in the Companies Act, 2013, an OPC is a company with a single shareholder who acts as the director. It offers limited liability and is suitable for entrepreneurs who want to start a business on their own.
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Foreign Company: A foreign company refers to a company incorporated outside India but having a place of business or establishment in India. It must comply with the regulations laid down by the Companies Act, 2013.
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Non-Governmental Organization (NGO): NGOs are non-profit organizations that operate independently of the government. They work towards social, cultural, educational, or environmental causes and must register under the Societies Registration Act, 1860, or other relevant acts.
Documents Required for Company Registration in India
The list of documents required for company registration in India are:
Digital Signature Certificate
A Digital Signature Certificate (DSC) is an electronic form of a signature that serves as a secure and legally recognized way to authenticate the identity of individuals or organizations in the digital realm. It provides assurance of the integrity and authenticity of digital documents and transactions. Obtained through a verification process conducted by a Certifying Authority (CA), a DSC involves the generation of a key pair consisting of a private key and a corresponding public key.
Director’s identification Number(DIN)
DIN stands for Director Identification Number. It is a unique identification number assigned to individuals who wish to become directors of companies registered in India. The DIN was introduced to ensure transparency and accountability in corporate governance by keeping track of the directors' activities and preventing fraud.
To obtain a DIN, an individual must submit an online application to the Ministry of Corporate Affairs (MCA) along with the necessary documents and fees. Once approved, the DIN is issued and remains valid for the director's lifetime.
Details of Director
All the directors of the company are required to furnish their personal details through an online KYC form. The form will ask for basic identity details of all the directors such as Name, Address, Phone Number, Email address, date of birth, Aadhar card details, PAN Card details, DIN etc.
Note: The Directors of Indian nationality have to submit their PAN Card details while a foreign director needs to submit the details of their passport issued by the country of origin of the director.
Address Proof of Registered Office
As part of the registration process, the company must furnish address proof of the registered office within 30 days of registration.
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Valid documents containing the name of the company or office premises.
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A notarized copy of lease or rent agreement must also be submitted by the directors.
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Authorization document from the landlord.
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Receipt of utility service bills such as Telephone bill, electricity bill.
Documents of Shareholders
It is very important to furnish the proof of identity and address proof of the shareholders to register any type of company in India. In case the shareholders are a group of people or a body corporate, then the certificate of incorporation of the body corporate must also be furnished by the shareholders.
Memorandum of Association(MoA)
MOA (Memorandum of Association) is a legal document that outlines the fundamental details and objectives of a company. It defines the company's name, registered office address, objectives, capital structure, and the rights and responsibilities of its shareholders.
The MOA sets the scope within which the company can operate and provides a framework for its activities and operations. It acts as a foundational document for the company's formation and is submitted to the Registrar of Companies during the registration process.
Articles of Association(AoA)
AOA (Articles of Association) is a document that contains the internal rules, regulations, and procedures governing the management and operations of a company. It defines the powers and duties of the directors and officers, rules for conducting meetings, procedures for issuing and transferring shares, dividend distribution, appointment of auditors, and other matters related to the company's governance.
The AOA is created in accordance with the company's MOA and serves as a contract between the company and its members, providing guidelines for their interactions and ensuring smooth functioning of the company.
Conclusion
To register any type of company in India, there is a requirement to submit various documents as required by the Ministry of Corporate Affairs(MCA). The furnishing of required documents is a complicated procedure and it needs consultation with a professional to file important documents with MCA and get your company successfully registered in India.
Consult with Professional Utilities for documentation and registration process of any type of company in India.
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Frequently Asked Questions
What are the documents required for company registration in India?
The list of documents required for company registration in India are identity proof details of directors, address proof and details of shareholders and DSC, DIN, AOA, MOA etc.
Which documents are submitted by the directors for company registration?
The documents required to be submitted for the purpose of company registration are identity and address proof of directors, DIN(directors identification number) etc.
What documents are needed for a new company?
The documents needed for a new company registration are voter ID card, Aadhar card, partnership agreement,
How many days does it take to register a company in India?
It takes around 10-15 days to register a company in India