How to Register a company in India?

It is necessary to register a company before proceeding with any transaction between a company and an outside party. Registration ensures the prevention of any fraud and that the company can seek help from court in case of a dispute. The dispute can arise between the employer and employee, employer and creditor and employee and employee.

How to register a startup company in India?

It is a legal process to get your company registered. The process has been simplified by MCA as compared to the earlier process which was a lengthy one.

Now a company can be incorporated electronically through a simplified proforma for (SPICe -INC-32), with eMoA (INC-33), eAOA (INC-34), is a default option and most companies are required to be incorporated through SPICe only.

The process of getting your company registered is as follows;

1.    Acquiring Digital Signature Certificate(DSC)

One can obtain Digital Signature Certificate by applying directly to the Certifying Officers with original documents and self-attested copies.

2.    Acquiring Director Identification Number(DIN)

Any person desirous of becoming the first director of a company without possessing DIN shall make an application through eForm SPICe. The applicant is required to attach identity proof and address along with the application.

DIN is allocated only after verification of the documents.

While any person intending to become the director of a company and possessing DIN can directly apply in form eForm- DIR-3.

The documents necessary are as follows;

•    Photo identity proof and proof of address.

•    Form DIR-3 is mandatory to be digitally signed.

•    Fee payment

3.    Filing an eForm or New user registration

One needs to register on the MCA portal and file form through the portal.

4.    Incorporate the company

This is the final step for a company to be registered after the verification of all the documents and digital signatures.

Registrar of Company in India

The Registrar of Companies (ROC) has been defined under Section 2(75) of the Companies Act, 2013 It is an appointment of the Ministry of Corporate Affairs and is their primary responsibility is to register companies and LLPs.

It ensures that the companies comply with statutory requirements under the Companies Act.

The Registrar of a company is empowered by the following powers;

a)    to register a company and issue certificate of incorporation.

b)    Concerning mortgages and charges.

c)    To call for information and inspect books and conduct inquiries.

d)    Search and seizure.

e)    To approve or disapprove the name of the company.

Author:

eStartIndia Team