Company registration in India is regulated by the Companies Act, 1956 and is administered by the Ministry of Corporate Affairs through the Offices of Registrar of Companies (ROC) in various states located all over India.

Steps for Company Formation in India

Company Formation in India involves undertaking various steps with the Registrar of Companies (ROC) of the respective state. The steps are in brief below:

• Apply for and Get Director Identification Number and Digital Signature for each director.
• Apply for and Get Name Approval of the Proposed Name
• Pay ROC Fees, Stamp Duty and File MOA & AOA
• Obtain Certificate of Registration

Applying for DIN or Director Identification Number

Before company registration, you need to first apply for DIN (Director Identification Number). DIN is a unique number issued by the Ministry of Corporate Affairs to all new existing directors.DIN can be applied online through MCA Portal by using e-form DIR-3. DIR -3 has to be signed by both applicant and professional like Chartered Accountant or Company Secretary or CMA in whole time practice. DIN application is also required to sign the form digitally. For this reason, applicant is also required to get digital signature certificate before applying DIN.

Applying for DSC or Digital Signature Certificate

For online company registration various application forms are required to be signed electronically by either of the directors. To sign the form, signing director need to obtain a digital signature certificate (DSC) from any certified authority issuing digital signature.

Application for Name Availability

The promoters should apply for the name of the company to be approved with the concerned ROC of the state where the company has to be formed in e-form 1A by payment of Rs.1000 through credit card or net banking, describing the capital of company, main object, state in which the company is to be incorporated and to affix the digital of application. The promoters can apply for 6 names amongst which the ROC will approve only one. If the ROC rejects all the names, the applicant gets two more chances to apply for the name again, with the same fees he has incurred while filing Form 1A.

Memorandum of Association and Articles of Association (MOA and AOA)

After the name is approved, the Director or Promoters are expected to draft the  MOA & the AOA. In MOA, the following 5 clauses can’t be missed, viz. name clause, registered office clause, main object clause, capital clause and subscribers clause. And in AOA, all the laws of the company should conform to the Companies Act, 1956.  It is mandatory to give the name of the first director to be given in MOA.Form 1, 18 and 32 are to be filed online after the MOA and AOA are drafted in MCA portal. The directors or promoters will then make payment of Government Fees as well as Stamp duty fees through credit card or net banking after E form is filed. The E Form will be verified by ROC at their level.  And will approve if  all the information is found to be in order. If the E-Forms are found to be in order and gets approved by ROC, CERTIFICATE OF INCORPORATION will be generated and will be dispatched online at the email id of the person given in the E-Forms.

LLP Formation in India

Limited Liability Partnership (LLP in short) is a partnership in which the partners have limited liability. This  is limited to the amount of contribution they have agreed to make. So, LLP is a corporate kind of partnership where the roles, responsibilities and liabilities of partners are fixed at the time of setting up of partnership. Further, in an LLP one partner is not responsible or liable for another partner’s misconduct or negligence. This is an important difference from another type of partnership where all the partners are jointly and severally liable for another partner’s misconduct or negligence.

Application for LLP Registration in India is made to the Registrar of Companies, Ministry of Corporate Affairs. The process for LLP formation in India is undertaken mostly online and all the forms filed for the process are signed through digital signature of the designated partners. We are providing below the requirements for LLP formation in India and the process to be undertaken for the same.

Given below are the prerequisites for forming a LLP in India. To avoid any delay during the process of LLP formation,  it is advisable to keep this documentation ready for uploading before the start of the process:

• The first and foremost prerequisite is that, out of the two  Designated Partners, at least  one  should be Indian resident
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• Photographs, Address Proof & Identity proofs of all the partners for obtaining DPIN
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• Digital Signature of the designated partners
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Procedure for LLP Formation in India

1. Obtain DPIN Number
2. Designated Partners Identification Number (or in short DPIN) is a number issued by the Ministry of Company Affairs to all persons desirous of becoming partners in a LLP. This is required compulsorily for each partner to become a partner in a LLP

1. Reservation of LLP Name
2. After obtaining DPIN Numbers, the next step is to apply for reservation of  name for the LLP. For this purpose Form 1 is to be filed wherein option of maximum 6 suitable names can be given. If the names are found as per guidelines and is not taken by any other LLP or company, then the same is reserved by the Registrar of Companies. Once a name is reserved, it cannot be taken by any other LLP or Company until the period for which it is reserved, has expired.
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4. Prepare & File Incorporation Documents
5. After name is reserved, the next step is preparation and filing of Incorporation documents. The following forms are required to be filed for incorporation of LLP.
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7. Form 2: Incorporation Document & Statement
8. Form 3: LLP Agreement
9. Form 4: Partner’s Details
10. Form 3 & 4 can also be filed post Incorporation within 30 days.

1. Obtain Certificate of Incorporation
2. After the ROC is satisfied regarding the documents filed and procedure undertaken for registration of LLP, he will issue a Certificate of Registration of LLP.

Service Tax Registration Procedure

1. The first step for Service Tax Registration is to create Online User ID at the Online Service Tax Services website at www.aces.gov.in
2. After Online User ID is registered,  fill online Service Tax Registration Form ST1 and generate online acknowledgement for the ST1 filed
3. Take Printout of Online Acknowledgement generated after filing Form ST1 at the Service Tax website
4. Send Signed copy of Online Acknowledgement along with signed hard copy of all documents required as provided below to your nearest Service Tax Office.

Registration with Various Authorities

In India a Business Setup to become fully functional, requires registration with various tax, labour and other authorities. For example, a Manufacturing and Trading setup is required to get registered with Sales Tax or VAT Authorities, Income Tax Department, Excise Department, Customs Department (if involved in import / export business), Provident Fund Department, ESI Department, Professional Tax Department,  etc.

NGO/Societies, Trust

We assist in the registration procedures of Societies, Trusts, 12 A & 80 G Certificate, FCRA as well as in the process of drafting of Memorandum of Association (MOA) and the Bye-Laws. We guide them through the modes and methods, procedural formalities and the process of documentation. We also counsel them regarding the benchmarks required for registration.