Before any company registration can take place, you must check whether the proposed name is available. This can be done online, where applicants may check the availability of their desired company names on the MCA 21 website. Once approved, the selected company name appears on the website.

A Director Identification Number (DIN) is a special identification number that is provided to any existing or potential directors of companies that are incorporated. A provisional DIN can be obtained by filling a DIN-1 application form online.

Then, a printed and signed version of the form must be forwarded to the ministry along with identity and address proof for their approval. A permanent DIN is issued after the verification of the documents and the subsequent approval of the request.

A digital signature certificate is an issued electronic key that validates and identifies the holder of this certificate. One of the approved agencies registered with the ministry can issue this certificate. An application form, identity proof, and permanent address proof must be submitted by the company directors when applying for a Digital Signature Certificate.

An incorporation certificate is provided by the Ministry of Corporate Affairs and is used as proof for the constitution of the company. To apply, the following forms must be digitally filed on the official Ministry of Company Affairs website – e-form 32, e-form 1 and e-form 18.

Along with Form 1, the Registrar of Companies must be provided with one copy of each: The Memorandum and Articles of Association (MoA and AoA), the consent of directors, and a stamped copy establishing the power of attorney.

The certificate of incorporation will be automatically sent to the e-mail ID as provided in the information submitted with the forms while incorporating the company.

A company seal is required to be placed on papers for sharing certificates and other official documents. The total cost of acquiring an official seal is dependent on the number of words that need to be engraved on it, the number of seals issued, and the time period for the delivery of the seals. It is to be noted here that the requirement to maintain a company seal is not mandatory for private companies.

The application to have the company’s incorporation documents stamped must always have the unsigned copies of the Memorandum and Articles of Association attached alongside the payment receipt for the same. Stamp duty should be paid online for such documents to the Registrar of Companies.

Following this application, the Superintendent will return the copies - one of which is stamped, signed and embossed in an official capacity. Finally, the company promoters must sign the MoA and AoA, with all required information being filled in their own handwriting.

Filing of Form 49A is required for the application of PAN. Once a unique PAN is acquired, a physical version of the PAN card will be delivered to your registered address by official post. The PAN application may also be done online, but the required documents will still need to be physically sent for final verification.

As per the Government of India, a Tax Deduction Account Number or Tax Collection Account Number (TAN) is a special number issued by the Income-tax department to all entities who are required to either deduct or collect tax at the source.

To obtain this number, the form 49B must be filled out and submitted at a TIN Facilitation Center. Once the application has been verified, it is forwarded to the Income Tax Department and the TAN is issued. The application for a TAN can be done either offline or through the NSDL website.

A statement that includes the employer/manager’s names, company’s designated name and permanent postal address and business category must be provided to the State Shop and Establishment Inspector along with the payment of applicable fees. This is a vital step in trade license registration as all companies must be registered within one month (30 days) of the opening of their business.

GST registration is mandatory for any entity seeking to undertake the supply of goods and services across states while maintaining an annual aggregate turnover of more than INR 40 lakhs/20 Lakhs. This should be prioritized before any other process for new company registration. For further information on GST Registration and documents required for the application, you may visit the following link.

GST registration is mandatory if you are a seller or are planning to be a seller on Amazon.in (exception: if deals only with GST-exempt categories).

Every employer (who is not a government officer) is liable to taxation and must obtain a certificate of registration from the relevant authority. A company is required to file Form 1 to the State Profession Tax Office to apply for the Profession Tax Certificate, if applicable.

Every employer is required to provide their worker information to the local Employee Provident Fund Organization (EPFO). This must be done in the prescribed manner so that an Establishment Code Number (ECN) can be allotted to the company. This process is within the sole purview of the employer, and no separate applications need to be made by the employees. Note that this will only be required if the provisions of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 are applicable on the company.

 

The cost of registration of a sole proprietor company is nearly Rs 2,500 while that of a partnership firm is nearly Rs 5,000. If you incorporate a private (LLP or LLC) company with a minimum authorised capital of Rs 1,00,000, the registration will cost you Rs 7,000.

OPEN PERSON COMPANY:

A new concept has been introduced in the Company’s Act 2013, about the One Person Company (OPC). In a Private Company, a minimum of 2 Directors and 2 Members are required whereas in a Public Company, a minimum of 3 Directors and a minimum of 7 members. A single person could not incorporate a Company previously.

 

But now as per Section 2(62) of the Company’s Act 2013, a company can be formed with just 1 Director and 1 member. It is a form of a company where the compliance requirements are lesser than that of a private company.

One Person Company (OPC): Process of Registration

Step 1: Apply for DSC *

Step 2: Apply for DIN **

Step 3: Name Approval Application

Step 4: Documents Required

Step 5: Filing Forms with MCA

Step 6: Issue of certificate of Incorporation

* For Name availability under RUN Web service, there is no prior requirement to obtain DSC and DIN . It can be done with account login on MCA portal.

 

. Apply for DSC: The first Step is to obtain the Digital Signature Certificate (DSC) of the proposed Director which required the following documents:

• Address Proof
• Aadhaar card
• PAN card
• Photo
• Email Id
• Phone Number

2. Apply for DIN: Once the Digital Signature Certificate (DSC) is made, the next step is to apply for the Director Identification Number (DIN) of the proposed Director in SPICe Form along with the name and the address proof of the director. Form DIR-3 is the option only available for existing companies. It means with effect from January 2018, the applicant need not file Form DIR-3 separately. Now DIN can be applied within SPICe form for up to three directors.

3. Name Approval Application: The next step while incorporating an OPC is to decide on the name of the Company. The name of the Company will be in the form of “ABC (OPC) Private Limited”.

There are 2 options available for getting name approved by making application in Form SPICe 32 or by using RUN Web service of MCA by giving only 1 preferred name along with the significance of keeping that name. However, with effect from March 23, 2018, Ministry has decided to permit two proposed Names and one re-submission (RSUB) while reserving Unique Names (RUN Service) for the Companies.

Once the name is approved by the MCA we move on to the next step.  

4. Documents Required: We have to prepare the following documents which are required to be submitted to the ROC:

a. The Memorandum of Association (MoA) which are the objects to be followed by the Company or stating the business for which the company is going to be incorporated.

b. The Articles of the Association (AoA) which lays down the by-laws on which the company will operate.

c. Since there are only 1 Director and a member, a nominee on behalf of such person has to be appointed because in case he becomes incapacitated or dies and cannot perform his duties the nominee will perform on behalf of the director and take his place. His consent in Form INC – 3 will be taken along with his PAN card and Aadhar Card.

d. Proof of the Registered office of the proposed Company along with the proof of ownership and a NOC from the owner.

e. Declaration and Consent of the proposed Director of Form INC -9 and DIR – 2 resp.

f. A declaration by the professional certifying that all compliances have been made.

5. Filing of forms with MCA: All these documents will be attached to SPICe Form, SPICe-MOA and SPICe-AOA along with the DSC of the Director and the professional, and will be uploaded to the MCA site for approval. The Pan Number and TAN is generated automatically at the time of incorporation of the Company. There is no need to file separate applications for obtaining PAN Number and TAN.

6. Issue of the certificate of Incorporation: On verification, the Registrar of Companies (ROC) will issue a Certificate of Incorporation and we can commence our business.