New Business Registration
On the Urge of New Business Registration, the primary question is what to register for and how to do it. As there are various categories of new business, like Public or Private Company, Limited or Unlimited Company, One Person or Partnership firm. The essence and primary requirements of all such categories are governed by Companies Act and its time to time amendments.
Starting a new business is an exciting and challenging endeavor. Incorporating a business involves the legal process of forming a new company. This process allows the business to be recognized as a separate entity, providing limited liability to its owners. It also opens doors to various opportunities, such as accessing funding, entering into contracts, and protecting intellectual property. To incorporate a business, one needs to choose a business name, file the necessary documents with the appropriate government agency, and fulfill any other legal requirements specific to the chosen business structure. These structures may include sole proprietorship, partnership, or corporation. By incorporating a business, entrepreneurs can establish a strong foundation for growth and success, while also ensuring legal compliance and protection for their venture.
Company Registration
NIDHI Company
Conversion/ Merger
NBFC Registration
Microfinance Registration
Other Legal Compliances
Update DIN e KYC
Appointment of Director
Removal of Director
Pvt. Ltd. Winding up
LLP Winding Up
Increase Authorized Capital
Change in Registered Office
Change Company Name
MOA Amendment of Pvt. Ltd.
MOA Amendment of Public Limited
MOA Amendment of NPO
Share Transfer
Firm Registration
Proprietorship Firm
Partnership Firm
Joint Venture (JV)
HUF Registration
Others
Trust Registration (u/s 12A of Income Tax Act)
NPO/ Company Registration u/s 8
Society Registration
Club Registration
We offer
We are pleased to announce that we are now offering new business registration services. Whether you are starting a small business or expanding your existing one, our team of experienced professionals is here to assist you every step of the way. We understand that the process of registering a new business can be overwhelming and time-consuming, which is why we strive to make it as seamless as possible for our clients. From checking the availability of your desired business name to preparing and submitting all the necessary documents, we will handle all the paperwork and ensure that you meet all the legal requirements. Our goal is to help you establish your business quickly and efficiently, so you can focus on what really matters – growing your venture. Contact us today to get started on your new business registration!
Apply for Company Registration Online
Private Limited Company:
What is a private limited company?
A private company u/s 2(68) of Companies Act 2013 provides that:
Company with paid-up share capital as may be prescribed (Earlier minimum of 5 lakh is omitted by Act of 2015).
Not free to transfer its shares to public.
Number of members Minimum 2 and Maximum 200 (u/s 2(68)).
Number of Directors 2-15 (u/s 149)
Procedure for Registration of Private Limited Company:
Apply for a Digital Signature Certificate
Apply for a Director Identification Number(DIN)
Apply for a Name Approval (SPICe+PartA).
File the EMoa and EAOA to register the private limited company
File for Incorporation (SPICe+PartA).
Apply for the PAN and TAN of the company
Certificate of incorporation will be issued by RoC with PAN and TAN
Open a current bank account on the company name
Documents Required for Registration of Private Limited Company:
Identity Proof: PAN card (For Indian Directors ) and Passport (For foreign directors)
Address proofs: Aadhar card/ Driving License/ Ration card/ voter ID
Residence proofs: Electricity Bill or Bank statement
Notarized rental agreement and NOC from the property owner
Sale Deed for Owned Property
Obligations of a Private Limited Company:
One AGM (Annual General Meeting) in Each Year. (U/s 96 of Companies Act 2013)
Not more than fifteen months gap between the TWO AGMs.
Notice to ROC within fifteen days from the appointment of auditors.
Minimum number of four meetings of its Board of Directors every year.
For board meetings 1/3 or total or 2 directors (whichever is higher).
PUBLIC Limited Company:
What is a Public Limited Company?
A public company u/s 2(71) of Companies Act 2013 provides that:
Is not a Private company
Company with paid-up share capital as may be prescribed (Earlier minimum of 1 lakh is omitted by Act of 2015).
Free transferability of its shares to public.
Number of Members minimum 7 (u/s 3) and NO maximum limit.
Number of Directors 3-15 (u/s 149)
Registration Procedure for Registration of Public Limited Company:
Apply for a Digital Signature Certificate (at least of one director)
Apply for a Director Identification Number(DIN) (all directors proposed)
Apply for a Name Approval (SPICe+PartA).
File the EMoa and EAOA to register the private limited company
File for Incorporation (SPICe+PartA).
Apply for the PAN and TAN of the company
Certificate of incorporation will be issued by RoC with PAN and TAN
Open a current bank account on the company name
Documents Required for Registration of Public Limited Company:
Identity Proof: PAN card (For Indian Directors ) and Passport (For foreign directors)
Address proofs: Aadhar card/ Driving License/ Ration card/ voter ID
Residence proofs: Electricity Bill or Bank statement
Notarized rental agreement and NOC from the property owner
Sale Deed for Owned Property
Obligations of a Public Limited Company:
At least one-third of the total number of directors as independent directors u/s 149(4) (Minimum as prescribed by Central Govt)
One AGM (Annual General Meeting) in Each Year. (U/s 96 of Companies Act 2013)
Not more than fifteen months gap between the TWO AGMs.
Notice to ROC within fifteen days from the appointment of auditors.
Minimum number of four meetings of its Board of Directors every year.
For board meetings 1/3 or total or 2 directors (whichever is higher).
One Person Company
What is a One Person Company?
Company which has only one person as a member (Sec 2(62) of Companies Act 2013)
"One Person Company'' shall be mentioned in brackets below the name of such company, wherever its name is printed, affixed or engraved (Sec 12(3)(d) of Companies Act 2013.
Minimum Directors 01 and Maximum 15 (Sec 149 of Companies Act 2013)
A one-person company refers to a business entity that is owned and managed by a single individual. In such a company, there is only one shareholder who holds all the shares and is responsible for all the decision-making processes. This type of company structure allows the individual to have complete control over the business operations and decisions. The owner has the freedom to set their own goals, strategies, and work independently without any interference from other shareholders or partners. However, being a one-person company also means that there is a higher level of responsibility and workload on the individual, as they have to handle all the tasks and responsibilities themselves. Despite the challenges, many entrepreneurs choose to establish one-person companies due to the flexibility and autonomy it provides.
Procedure for Registration of One Person Company:
The procedure for the registration of a One Person Company (OPC) in India is relatively simple and straightforward.
Obtain a Digital Signature Certificate (DSC) and Director Identification Number (DIN)
Get the proposed name of the OPC must be approved by the Ministry of Corporate Affairs.
Once the name is approved, proceed to prepare the necessary documents, such as the MoA and AoA
File the application for incorporation, along with the required documents and fees.
Upon successful verification and approval, the Certificate of Incorporation will be issued.
OPC as a separate legal entity has been officially established.
Entire registration process can be done online through the Ministry of Corporate Affairs portal.
Documents Required for Registration of One Person Company:
These documents include a digital signature certificate of the director,
A director identification number
Proof of the registered office address, and a no objection certificate from the owner of the registered office.
A memorandum of association and articles of association need to be prepared and submitted.
A declaration by the subscriber to the memorandum and articles of association is necessary. This declaration states that the subscriber is not convicted of any offense in connection with the promotion, formation, or management of any company.
Obligations of a One Person Company:
The OPC must maintain proper books of accounts.
At least one meeting of the Board of Directors has been conducted in each half of a calendar year and the gap between the two meetings is not less than ninety days. (only if Directors are more than one) (Sec 173(5) of Companies Act 2013)
The owner must file annual financial statements and income tax returns with the relevant authorities within the prescribed time frame.
To hold an annual general meeting, even if there is only one shareholder.
The OPC must also adhere to all regulatory and legal requirements, such as obtaining necessary licenses and permits for its operations.
Foreign Company:
What is a Foreign Company?
Any company or body corporate incorporated outside India and
(a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and
(b) conducts any business activity in India in any other manner. Sec 2(42) of Companies Act 2013
A foreign company in India refers to a company that is incorporated outside of India but conducts business activities within the country. These companies can either establish a branch office or a subsidiary in India to carry out their operations. The branch office serves as an extension of the parent company and can engage in activities such as marketing, research, and liaison work. On the other hand, a subsidiary is a separate legal entity that is controlled by the foreign company. It can undertake various business activities like manufacturing, trading, and providing services. Foreign companies in India are subject to certain regulations and must comply with the laws of the land. They often play a significant role in contributing to India's economy and fostering international trade relations.
Procedure for Registration of Foreign Company:
Appoint an authorized representative or agent to act on its behalf during the registration process.
The representative should be an Indian resident or a company legally operating in India.
Obtain a Digital Signature Certificate (DSC) for all directors and shareholders, which will be used for online filings.
Apply for Director Identification Numbers (DIN) for its directors.
File the necessary forms and documents, including the Memorandum and Articles of Association, with the Registrar of Companies.
Obtain a Tax Account Number (TAN) and a Permanent Account Number (PAN) to comply with Indian tax regulations.
Following these steps will ensure a smooth and successful registration process for foreign companies in India.
Documents Required for Registration of Foreign Company:
Certified copy of its charter, statutes, or memorandum and articles of association.
List of the directors and their personal information, such as their names, addresses, and nationalities.
Declaration stating its willingness to comply with all Indian laws and regulations.
Power of attorney or board resolution authorizing a representative to act on behalf of the company in India.
Proof of address for the company's principal place of business and the address of its registered office in India.
Any other document required by the Registrar of Companies must be furnished.
These documents are essential for the successful registration of a foreign company in India.
Obligations of a Foreign Company:
Obtaining the necessary approvals and licenses from the relevant authorities before commencing business operations.
Maintain accurate financial records and submit regular financial statements to the Indian government.
To comply with tax laws and fulfill their tax obligations by filing tax returns and paying taxes on time.
To abide by the labor laws of India, which includes providing fair wages, adhering to working hour regulations, and ensuring the safety and well-being of their employees.
Where not less than fifty per cent. of the paid-up share capital (whether equity or preference or partly equity and partly preference) of a foreign company is held by citizen/s of India or company/s or bodies corporate/s incorporated in India (in any manner), such company shall comply with the provisions of Companies Act as if it were a company incorporated in India. (Sec 379 of Companies Act 2013)
Deliver to registrar, within thirty days of the establishment of its place of business in India:
(a) a certified copy of the charter, statutes or memorandum and articles, of the company or other instrument constituting or defining the constitution of the company and, if the instrument is not in the English language, a certified translation thereof in the English language;
(b) the full address of the registered or principal office of the company;
(c) a list of the directors and secretary of the company containing such particulars as may be prescribed;
(d) the name and address or the names and addresses of one or more persons resident in India authorised to accept on behalf of the company service of process and any notices or other documents required to be served on the company;
(e) the full address of the office of the company in India which is deemed to be its principal place of business in India;
(f) particulars of opening and closing of a place of business in India on earlier occasion or occasions;
(g) declaration that none of the directors of the company or the authorised representative in India has ever been convicted or debarred from formation of companies and management in India or abroad; and
(h) any other information as may be prescribed. (Sec 380 of Companies Act 2013)
Limited Liability Partnership
What is a Limited Liability Partnership (LLP)?
Limited liability partnership means a partnership formed and registered u/s 2(n) of The Limited Liability Partnership Act, 2008.
Provisions of Indian Partnership Act, 1932, shall not apply to a LLP under this act.
Minimum Partners "Two".
If more than two Partners (whether individuals/ body corporate) at least two individuals/ nominee of such body corporate should be designated partners.
The liabilities of the limited liability partnership shall be met out of the property of the limited liability partnership (u/s 27(4)) and a partner is not personally liable (u/s 28)
No minimum capital requirement.
At least one designated partner must be a resident of India.
Procedure for Registration of Limited Liability Partnership (LLP):
Apply for a Digital Signature Certificate (for applying digitally on MCA site)
Apply for a Director Identification Number(DPIN) (all designated partners proposed)
Apply for a Name Approval (Form-1, upto 6 names)
Prescribed fee payment
Form 2 to officially incorporate
Form-2 must also be signed by the person authorized under the act
The registrar (if satisfied) will register the LLP under the LLP Act, 2008 within 14 days of submission
The LLP agreement must be drawn up and filed within 30 days of incorporation.
Documents Required for Registration of Limited Liability Partnership (LLP):
Partnership agreement (drafted and signed by all partners).
Including details about the business objectives, profit sharing, and management structure.
Designated registered office address, which must be supported by proof of address such as utility bills or rental agreement.
Partners identification and address proof, such as passport or driver's license.
Statement of consent from each partner agreeing to become a designated partner of the LLP.
Digital Signature Certificate (DSC) application, which enables the partners to sign and file electronic documents.
Obligations of a Limited Liability Partnership (LLP):
To maintaining accurate financial records
Filing annual returns with the relevant authorities, and complying with any statutory requirements or regulations.
Annual Return, Within sixty days of closure of its financial year, duly authenticated with the Registrar (Form, Manner and Fee as prescribed)
Penalty of one hundred rupees for each day during which such failure continues (Max 1 Lakh and 50000 for designated partners)
Contravention of such provisions punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees.
Producer Company:
What is a Producer Company?
A producer company is a type of company that is formed by a group of individuals who are primarily involved in the production of goods or services. The main objective of a producer company is to improve the living conditions and economic well-being of its members. These companies are usually formed in rural areas where agriculture and other related activities are the main sources of income. The members of a producer company contribute to the company's capital and have a say in its decision-making process. The profits earned by a producer company are distributed among its members based on their participation and contribution. By promoting collective action and providing a platform for small farmers, artisans, and other producers, a producer company helps in empowering and uplifting these individuals economically.
Definition: A body corporate having objects or activities specified in section 378B and registered as Producer Company under this Act or under the Companies Act, 1956 (sec 378A of Companies act 2013)
Objects or Activities of Producer Company (Sec 378B):
(a) production, harvesting, procurement, grading, pooling, handling, marketing, selling, export of primary produce of the Members or import of goods or services for their benefit (either by itself or through other institution)
(b) processing including preserving, drying, distilling, brewing, vinting, canning and packaging of produce of its Members;(c) manufacture, sale or supply of machinery, equipment or consumables mainly to its Members;(d) providing education on the mutual assistance principles to its Members and others;
(e) rendering technical services, consultancy services, training, research and development and all other activities for the promotion of the interests of its Members;
(f) generation, transmission and distribution of power, revitalisation of land and water resources, their use, conservation and communications relatable to primary produce;
(g) insurance of producers or their primary produce;
(h) promoting techniques of mutuality and mutual assistance;
(i) welfare measures or facilities for the benefit of Members as may be decided by the Board;
(j) any other activity, ancillary or incidental to any of the activities referred to in clauses (a) to (i) or other activities which may promote the principles of mutuality and mutual assistance amongst the Members in any other manner;
(k) financing of procurement, processing, marketing or other activities specified in clauses (a) to (j) which include extending of credit facilities or any other financial services to its Members.
Number of Directors: Minimum five and not more than fifteen directors (Except inter-State co-operative society incorporated as a Producer Company for one year from the date of incorporation)
Producer company is incorporated as a Private Limited Company without the limit of number of members but never become or be deemed to become as a Public Limited Company
Formation: 1. Any ten or more individuals(each of them being a producer) or
2. Any two or more Producer Institutions, or
3. A combination of ten or more individuals and Producer Institutions
Procedure for Registration of Producer Company:
Apply for a Digital Signature Certificate (for applying digitally on MCA site)
Apply for a Director Identification Number(DPIN) (all designated partners proposed)
Apply for name approval, For that, Form SPICe+ to the Registrar of Companies (ROC) is to be filed by giving 2 names in the order of preference along with the significance of the names. The name shall have the words PRODUCER COMPANY at the end.
Documents to be submitter after name approval: MoA (containing objectives), AoA (containing By Laws), Affidavit of subscribers, NOC (of the owner of site) and Lease Agreement (if not owned).
All above documents are attached to SPICe+ and uploaded on RoC website.
After successful verification, certificate of incorporation will be issued within 30days.
Documents Required for Registration of Producer Company:
Partnership agreement (drafted and signed by all partners).
Including details about the business objectives, profit sharing, and management structure.
Designated registered office address, which must be supported by proof of address such as utility bills or rental agreement.
Partners identification and address proof, such as passport or driver's license.
Statement of consent from each partner agreeing to become a designated partner of the LLP.
Digital Signature Certificate (DSC) application, which enables the partners to sign and file electronic documents.
Obligations of a Producer Company:
A minimum of five and a maximum of fifteen directors who are elected by the members.
First AGM within 90 days of incorporation.
Maximum gap between subsequent AGM/s is 15 months.
The company must also hold regular general meetings, where the financial statements and annual reports are presented to the members for approval. It is mandatory for a Producer Company to utilize at least 50% of its profits towards the welfare of its members, such as providing them with better facilities or training programs.
The company must maintain proper books of accounts and prepare audited financial statements at the end of each financial year.
To comply with all the legal and regulatory requirements set by the government.
Producer Company may reimburse to its promoters all other direct costs associated with the promotion and registration of the company including registration, legal fees, printing of a memorandum and articles and the payment thereof shall be subject to the approval at its first general meeting of the Members.