How to Get Incorporation Certificate

What is an Incorporation Certificate?

Company incorporation certificate is proof of business registration in India. The Company Incorporation Certificate is obtained from the Ministry of Corporate Affairs after successful registration of business.

Steps to Obtain Company Incorporation Certificate

Step 1: Choose a Business Structure

The first step to obtaining an incorporation certificate is to choose a business structure. There are several business structures to choose from, including sole proprietorship, partnership, limited liability company (LLC), and corporation. Each structure has its own advantages and disadvantages, so it is important to choose the one that best suits your business needs. It is also advisable to consult with a business lawyer or a qualified accountant to help you make this decision.

Step 2: Select a Business Name

Once you have chosen the business structure, the next step is to select a name for your business. The name you choose should be unique and not already registered by another business. You can check the availability of your desired business name by searching the business name database of the state or country where you want to register your business. It is important to ensure that the name you choose is not trademarked or copyrighted. The business name approval usually takes 14 days to get approved.

Use Our Name Search Tool to find a Business Name.

Step 3: Creation of DSC(Digital Signature Certificate)

DSC stands for Digital Signature Certificate. It is an electronic certificate that serves as a digital equivalent of a physical signature. A DSC is issued by a Certifying Authority (CA) after verifying the identity of the person or organization applying for it. It contains the applicant's name, public key, and other relevant details, and is used to sign and authenticate electronic documents and transactions. In the context of obtaining an incorporation certificate, a DSC is required to sign and file various forms and documents with the Registrar of Companies (RoC).

Step 4: Apply for DIN

DIN stands for Director Identification Number. It is a unique identification number assigned to an individual who intends to become a director or an existing director of a company in India. The DIN is issued by the Ministry of Corporate Affairs (MCA) after verifying the identity and other details of the applicant.

Every director of a company in India is required to have a DIN. The DIN serves as a unique identifier and helps in maintaining a database of all directors of companies in India. It is mandatory for all individuals who wish to become a director or an existing director of a company to obtain a DIN.

Step 5: Draft the Application Form

A detailed application form has to be Filed in INC-32 with the Registrar of Companies. In this form all the personal details of the members and shareholders has to be drafted. The details mentioned in the form are:

• Details of Company
• Details of members and shareholders
• Apply for DIN
• Apply for PAN & TAN
• Declaration by directors and shareholders
• Declaration by a Professional Business lawyer

Step 6: Filing of e-MoA and e-AoA

MoA stands for Memorandum of Association, and AoA stands for Articles of Association. These are legal documents that are required to be filed with the Registrar of Companies (RoC) in India during the process of incorporating a company.

MoA is a document that sets out the company's objectives, powers, and scope of activities. It defines the company's relationship with the outside world and helps in determining the company's legal capacity to act.

AoA is a document that sets out the rules and regulations governing the company's internal affairs. It defines the relationship between the company and its members and between the members themselves.

Step 7: Payment of Fees

After all the application process and filing of necessary forms, the next step is to pay the required fees to the Registrar of Companies.

Step 8: Obtain the Incorporation Certificate

After the Articles of Incorporation have been filed and approved, the state or country agency will issue an Incorporation Certificate, which is proof that your business has been legally incorporated. This certificate will include the name of the business, the date of incorporation, and the state or country of incorporation. It is important to keep this certificate in a safe place as it is a legal document that may be required in the future for various purposes, such as opening a bank account or applying for a business loan.

Conclusion

In conclusion, obtaining an incorporation certificate is an important step in the process of legally forming a business. It involves several steps, including choosing a business structure, selecting a business name, drafting the Articles of Incorporation, filing the Articles of Incorporation, and obtaining the Incorporation Certificate.

It is important to consult with a lawyer or a qualified accountant to ensure that all legal requirements are met and that the business is set up for success. By following these steps and staying compliant with ongoing legal requirements, you can protect your personal assets, gain tax benefits, and enhance the credibility of your business.