register a limited company name
How to Register a Limited Company in India: A Comprehensive Guide
Introduction
Starting a business in India involves various legal and administrative processes, one of which is registering a limited company. A limited company structure offers several advantages and is ideal for those looking to establish a separate legal entity with a defined ownership structure. In this article, we will guide you through the process of registering a limited company in India, highlighting the necessary steps, requirements, and legal considerations.
Choosing a Name for Your Limited Company
The first step in registering a limited company is selecting a unique and appropriate name that reflects the nature of your business. The name must comply with the guidelines set by the Companies Act, 2013 and should not infringe upon any existing trademarks or copyrights. Additionally, it should not contain any offensive or objectionable words. It’s essential to conduct a thorough search to ensure that your chosen name is available for registration.
The Registration Process
1. Obtain Director Identification Number (DIN)
To begin the registration process, at least two individuals must obtain DIN. The DIN application can be submitted online, along with the necessary documents, such as address proof, identity proof, and a recent passport-sized photograph.
2. Apply for Digital Signature Certificate (DSC)
Next, you need to obtain a class 2 or class 3 Digital Signature Certificate (DSC) for the proposed directors of the company. The DSC facilitates the secure transmission of electronic documents and is required for filing various online forms during the registration process.
3. Application for Company Name Reservation
Once you have obtained the DIN and DSC, you can proceed to file an application for the reservation of your company name with the Registrar of Companies (RoC). The name should adhere to the guidelines provided by the Ministry of Corporate Affairs. If approved, the name will be reserved for 20 days.
4. Draft Memorandum of Association (MoA) and Articles of Association (AoA)
After name reservation, you need to draft the MoA and AoA of your company. These documents outline the company’s objectives, shareholders’ rights, and the rules governing its operations. These documents need to be stamped and signed by all subscribers.
5. Filing of Company Incorporation Forms
Once the MoA and AoA are prepared, various incorporation forms like Form SPICe (INC-32), Form INC-9, and others are filed. These forms contain information about the company, its directors, shareholders, registered office address, capital structure, and details of the proposed company directors.
6. Payment of Registration Fees
Along with the filing of incorporation forms, registration fees based on the company’s authorized capital must be paid. The fee varies depending on the authorized capital and can be paid through online modes.
7. Obtain Certificate of Incorporation (CoI)
If all the documents and forms are duly filled and submitted, and there are no discrepancies, the RoC will review the application. Once approved, a Certificate of Incorporation will be issued, which officially recognizes your company as a registered legal entity.
Post Incorporation Compliance
After the company is incorporated, certain post-incorporation compliances need to be adhered to:
– Allotment of Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN).
– Opening a company bank account.
– Issuing share certificates to the shareholders.
– Registering for Goods and Services Tax (GST) if applicable.
– Maintaining proper books of accounts and mandatory filings like annual financial statements, annual returns, etc.
Conclusion
Registering a limited company in India involves a series of steps and legal procedures. Ensuring compliance and following the correct process is crucial to avoid any legal repercussions. By carefully following the registration process, choosing an appropriate name, and fulfilling the necessary obligations after incorporation, you can successfully establish your limited company in India. Seek professional guidance to navigate through the complexities and ensure a smooth registration process for your business.,
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register a limited company name
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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