Registration Of Companies
In India, the registration of companies is governed primarily by the Companies Act, 2013. Here are the key steps involved in registering a company in India:
- **Choose the Type of Company**: Decide on the type of company you want to register. The most common types are private limited company, public limited company, and one-person company (OPC).
- **Digital Signature Certificate (DSC)**: Obtain a DSC for the proposed directors of the company. This is required for digitally signing the incorporation documents.
- **Director Identification Number (DIN)**: Obtain DIN for all the proposed directors of the company. DIN is obtained by filing Form DIR-3.
- **Name Approval**: Apply for name availability by filing Form RUN (Reserve Unique Name) or through SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus). The proposed name should adhere to naming guidelines.
- **Incorporation Application**: Prepare the incorporation documents including Memorandum of Association (MOA) and Articles of Association (AOA). These documents define the constitution and internal rules of the company.
- **File Incorporation Documents**: File the incorporation documents along with the necessary forms (e.g., SPICe+ or INC-32 for integrated incorporation) with the Registrar of Companies (RoC).
- **Payment of Fees**: Pay the prescribed registration fees based on the authorized capital of the company.
- **Certificate of Incorporation**: Once the Registrar is satisfied with the documents and compliance with legal requirements, they issue a Certificate of Incorporation (COI). This document legally establishes the existence of the company.
- **PAN and TAN Application**: Apply for Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) with the Income Tax Department.
- **Compliance**: After incorporation, ensure compliance with other regulatory requirements such as GST registration (if applicable), opening a bank account, statutory audits, etc.
It’s advisable to consult with a company secretary, chartered accountant, or a legal expert familiar with company law to ensure compliance with all legal requirements and smooth registration process.
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