Incorporating a company in India involves several steps and regulatory processes. Here is a general overview of the steps you need to take to incorporate a company in India:
Choosing a Business Structure:
Decide on the type of company structure you want to establish, such as a private limited company or public limited company. The most common choice for startups and small businesses is a private limited company.
Company Name Approval:
Choosing a unique name for your company and check its availability. The name should comply with the naming guidelines set by the Ministry of Corporate Affairs (MCA). You can use the MCA’s online portal for name availability checks.
Director Identification Number (DIN):
Obtaining Director Identification Number (DIN) for the proposed directors of the company. This can be done by filing an eForm DIR-3 online with the Ministry of Corporate Affairs.
Digital Signature Certificate (DSC):
Directors must obtain a Digital Signature Certificate. DSC is required for filing the incorporation documents electronically. It is issued by government-approved agencies.
Drafting of Memorandum and Articles of Association:
Drafting the Memorandum of Association (MOA) and Articles of Association (AOA) for the company. These documents define the company’s objectives, rules, and regulations.
Filing of Incorporation Documents:
Preparation of the necessary incorporation documents, including the MOA, AOA, and other required forms. Filing these documents with the Registrar of Companies (RoC) through the MCA’s online portal.
Payment of Fees:
Payment of the required fees for the registration process. The amount depends on the authorized capital of the company.
Certificate of Incorporation:
Once the RoC is satisfied with the documents and compliance, they will issue the Certificate of Incorporation. This certificate is proof that the company is legally incorporated.
PAN and TAN Application:
Applying for a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for the newly incorporated company. These are essential for tax purposes.
Bank Account Opening:
Opening a bank account in the name of the company and deposit the initial capital.
GST Registration:
If your company’s turnover is expected to exceed the prescribed limit, you may need to register for Goods and Services Tax (GST).