India is expanding its borders for investors and providing maximum opportunities for business ventures in all fields. With the ever rising GDP rate, now is a high time for anyone to take the cue of rising financial horizons and dig into the business world for a shining future.
If you are one of those future optimistic persons, it is the right time for you to setup a business in India. India offers flexibility to set up different types of business entities Like Private corporations, Public Corporations, Unlimited Company, Partnership, Limited Liability Partnership, Joint venture, Branch office, Joint Venture Company, Subsidiary Company, Sole Proprietorship and Liaison Office. You can start any of the ventures confidently by following some simple steps and procedures. The first brick that you lay on venturing a business in India is to incorporate it. This process of registering your company is under the charge of Registrars of Companies (ROC) appointed under the section 609 of the Companies Act. Their main duty is to register the companies in their respective States and territories.
For preparing to incorporate your Private limited company or Public Limited company in India, the steps are as follows:
- The first step is to select a list of names that will show the objectives of your company. Also make sure that your name is not resembling any other business entity in India or Violating the Emblem and Names law. You may want to check whether a name already exists on the MCA website here.
- You also need to apply for Director Identification Nubmer (DIN) (http://www.mca.gov.in/MCA21/Din.html). No one can be appointed as a Director unless they have been allotted a DIN. Also every document prescribed under the Companies Act, 1956 need to be signed digitally with a Digital Signature of the Director., so it is compulsory to apply for and obtain digital signatures of atleast one Director.
- Then you need to apply your chosen company names to the concerned ROC of your State to ensure that your selected name doesn’t already exist. For this you will have to apply in the General Rules and Forms with Rs.500 Fee.
- Then you need to arrange for Memorandum of Association and Articles of Association. Also arrange to stamp your Memorandum and Articles. Make sure your documents are dated after the stamp dates.
- Get both these documents signed by at least two subscribers or more, in front of a witness.
- You also need to get three additional forms and fill them accordingly. These forms include the Declaration of Compliance, Notice of the Office location of registered company and information about the director and managers of the company.
With the following documents prepared and filled, next step is to present them to the ROC with a registration fee. The exact provisions include:
- 3 copies of Stamped and signed Memorandum and Articles
- Three additional forms
- If you have agreement regarding Memorandum and Articles, present it
- If you have any agreement with the prospected director or manager, include it.
- The Company name availability letter, which was issued by ROC
- Power of Attorney by subscribers given to a particular person for correcting errors in the given documents and papers
- The registration fee
After you submit these documents, your documents will be processed and you will be awarded with the Certificate of Incorporation by ROC.
For a public limited company formation, the procedure is the same with some additional steps listed below:
- Submission of Form No.29 which is basically a Consent to act as a Director
- Arrangement for payment of application and allotment money on shares already taken or agreed to be taken by the Directors.
- Filing of the Statement in Lieu of Prospectus with the ROC in schedule-iv of the Companies Act.
- Filing a declaration in Form-20
- And finally obtaining the Certificate of Commencement of Business.
The process of registering a company in India takes around 40 days. If the steps seem daunting, you may even take help of professional CA’s and lawyers who can help you with all the procedures. You can do a research on Google to find reliable professionals for this important task.
You can find more information about the various process, rules and forms involved in incorporating a company on the Ministry of Corporate Affairs website.