procedure for registration of company under companies act 2013
Registering Your Company Under the Companies Act 2013: A Comprehensive Guide
Introduction
Registering a company under the Companies Act 2013 is a vital step towards establishing a legal business entity in India. The registration process is designed to ensure compliance with government regulations, protect shareholders’ interests, and provide a structured framework for conducting business activities. In this article, we will delve into the step-by-step procedure for registering a company in India, complying with all the relevant laws and regulations.
Procedure for Registering a Company under the Companies Act 2013
1. Obtain Digital Signature Certificate (DSC):
The first step in company registration is obtaining a Digital Signature Certificate (DSC) for all directors and shareholders. DSCs ensure the authenticity of documents filed electronically with the Registrar of Companies (RoC) and are issued by government-approved certifying agencies.
2. Obtain Director Identification Number (DIN):
Obtain a Director Identification Number (DIN) for each proposed director of the company. The DIN can be obtained by submitting an application along with the necessary identity and address proofs to the Ministry of Corporate Affairs (MCA). DIN is mandatory for any individual looking to act as a director of a company.
3. Name Reservation:
Once the DINs are obtained, the next step is to obtain approval for the desired company name. The name should be unique, distinctive, and not violate any trademark regulations or existing company names. The Name Reservation application can be filed online with the Registrar of Companies (RoC) after verifying the name availability.
4. Prepare Memorandum of Association (MoA) and Articles of Association (AoA):
The Memorandum of Association (MoA) and Articles of Association (AoA) are two crucial documents that outline the company’s objectives, rules, and regulations. The MoA specifies the company’s main objectives, while the AoA defines procedures for day-to-day operations, shareholder rights, etc.
5. File Incorporation Documents:
After preparing the MoA and AoA, the next step is to file the Incorporation documents. The key documents required for filing include Form SPICe (INC-32), PAN/TAN application, declaration by professionals, and address proofs. These documents can be filed online through the MCA portal.
6. Pay Registration Fees and Stamp Duty:
Upon successful filing of the incorporation documents, companies need to pay the prescribed registration fees and stamp duty as per the authorized capital of the proposed company. The payment can be made online through the MCA portal, and the receipt generated should be retained for future reference.
7. Obtain Certificate of Incorporation (CoI):
Once the RoC verifies the filed documents and satisfaction of all legal requirements, it issues the Certificate of Incorporation (CoI). The CoI confirms the formation of the company and contains essential details like CIN (Corporate Identification Number), date of incorporation, and registered office address.
8. Apply for Permanent Account Number (PAN) and Tax Account Number (TAN):
After receiving the CoI, the company should apply for a Permanent Account Number (PAN) and Tax Account Number (TAN) from the Income Tax Department. PAN is required for conducting financial transactions, while TAN is necessary for deducting taxes at source.
Conclusion
Registering a company under the Companies Act 2013 is a crucial process that establishes a legal foundation and credibility for businesses in India. Ensuring compliance with the registration procedure, obtaining the necessary certificates, and fulfilling legal obligations are vital steps to establish a well-structured and protected business entity. By following the step-by-step procedure mentioned above, Indian entrepreneurs can successfully register their companies under the Companies Act 2013 and embark on their business journey with confidence.,
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procedure for registration of company under companies act 2013
This article is only published for informational purposes. Please consult your Chartered Accountant or Financial Advisor before making any important financial decisions.
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