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Home » Blog » How to Register a Company?
ArticlesCorporate Law

How to Register a Company?

By Legal Desire 7 Min Read
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The basic documents which are required for registration of the company can be demarcated on the basis of the type of company/business structure and as per important members of the company.

There are majorly four type of company in the business structure of India which have covered below-

  • One Person Company (OPC)-This is company incorporated by single person. It has been come into effect after the enactment of Companies Act, 2013. Section 2(62) of the Companies Act,2013 states that a single person can be member/shareholder of the company and a single individual can form a company where director and member are same person. OPC shall have minimum paid-up share capital of INR 1 lacs. It also restricts the right to transfer its shares. The concept of one Person Company has motivated more people to initiate business.

Documents which are required for registration of One Person Company are-

  1. Pan card of the member
  2. Passport size photograph of the owner
  3. Copy of Aadhaar card/vote identity card
  4. Copy of rent agreement (if the business place is rented)
  5. Electricity bill (place of business)
  6. Water bill (place of business)
  7. Legal property paper (if place is owned by owner)
  8. Non objection Certificate of Land lord (if the business place is rented)

Sole Proprietorship – There is no specific law for governing this structure of business. This business method is not complex and hence opted by people. It is run solely by either one person or one family. There is no separate entity of business firm and entire liability is bear by the owner. There is no mandate registration for sole proprietorship; however it is always better to register for establishing the proof existence of firm.

Mandatory Documents which are required for registration of Sole Proprietorship are-

  1. Pan card of Proprietor
  2. Passport size photograph
  3. Proof of place of business
  4. Rent agreement (if the business place is rented)
  5. Electricity bill (place of business)
  6. Legal property paper (if place is owned by owner)
  7. Non objection Certificate of Land lord (if the business place is rented)
  8. Bank account details of proprietor.

Private limited company-In India, most of businesses are registered under Private limited company. Section 2(68) of Companies Act,2013 defines Private Limited company. These companies are restricted in aspect of transferability of shares as per article or association and public at large cannot subscribe to them. Also, the number of members is restricted to 200 at maximum. It contains directors/board of directors, shareholders, members.

Mandatory Documents which are required for registered office address of the Company by the Director who is Indian Nationals:

  1. PAN Card-PAN is issued by Department of Income Tax of India. The name in the Pan card will be used Ministry of Corporate affairs for all matters pertaining to the company
  2. Passport size photograph of the director
  3. Copy of Aadhaar card/vote identity card
  4. Electricity bill (as an address proof)
  5. Water bill (as an address proof)
  6. Bank statement

Mandatory Documents which are required for registration of Private limited company by the Director who is Foreign Nationals:

  1. Passport which is notarized or apostilled in the issued country
  2. Driving license (as an address proof)
  3. Resident Card (as an address proof)
  4. Bank statement (as an address proof)
  5. Government issued form for identity which contains address
  6. Electricity bill (as an address proof)
  7. Water bill (as an address proof)
  8. Bank statement

Mandatory Documents for registered office address of the Company-

  1. Registered documents of title of premises of registered office in the name of company
  2. Notarized copy of lease agreement in case of lease
  3. Notarized copy of Rent agreement in case of Rent
  4. Copy of rent-receipt not older than one month
  5. Non objection certificate of Landlord in case of rented property
  6. Proof of evidence in any regular utility receipts such as water, electricity bill in the name of legal owner in case of rented property.

Mandatory Documents for Shareholder either Indian Nationals for Foreign nationals-

  1. Identity and address proof as per requirement of Article of Association is needed to be submitted

 

 

Public Limited Liablity-Section2 (71) of Companies Act, 2013 defines public limited liability. It has limited liability and offers shares to general public. The stocks of Public limited liability can be acquired by either Initial public offer or through stock market trading. It is properly regulated by Government. The minimum paid-up share capital must be 5 lakhs. There is less risk in the business structure so probability of growth and expansion are high.

Mandatory Documents which are needed for registration of Public Limited liability-

  1. General proof of identity of all shareholders and directors
  2. Aadhar card
  3. Pan card
  4. Voter Id Card
  5. Electricity bill (as an address proof)
  6. Water bill (as an address proof)
  7. Bank statement
  8. Director Identification Numbers of Director
  9. Digital signature certificate of directors
  10. Registered documents of title of premises of registered office in the name of company
  11. Notarized copy of lease agreement in case of lease
  12. Notarized copy of Rent agreement in case of Rent
  13. Copy of rent-receipt not older than one month
  14. Non objection certificate of Landlord in case of rented property
  15. Proof of evidence in any regular utility receipts such as water, electricity bill in the name of legal owner in case of rented property

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Legal Desire August 23, 2022
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