company Registration -Eligibility, Benifits and Procedure

Benefits of company Registration

Registering a Business in India: 

Registering your business in India is an important step for anyone starting a business. It gives your business a legal status and brings many benefits that can help your business grow and succeed. In this blog, we will look at who can register a company, the main benefits of doing so, and the steps to register a company in India.

 1. Who Can Register a Company in India 

Before you start the registration process, it’s important to know if you qualify. Here are the main requirements:

a) How Many Directors and Shareholders You Need

– Private Limited Company: You need at least 2 directors and 2 shareholders.

– Public Limited Company: You need at least 3 directors and 7 shareholders.

– One Person Company (OPC): You need only 1 director and 1 shareholder.

b) Requirement for a Resident Director

– There must be at least one director who is a resident of India, which means they should have lived in India for at least 182 days during the previous year.

c) Age and Nationality

– Directors must be at least 18 years old. There are no nationality restrictions, but it is mandatory to have a director who lives in India.

d) Digital Signature Certificate (DSC)

– All directors and shareholders are required to have a Digital Signature Certificate, which is needed for registering online.

e) Director Identification Number (DIN)

– Everyone who wants to be a director of a company needs to get a DIN.

2. Advantages of Registering a Company in India 

Registering your company has many important benefits. Here are the main advantages of company registration:

a) Legal Recognition

– Benefit: Registering your company gives it legal status, which is necessary for making contracts, owning property, and doing business.

– Impact: It makes your business more trustworthy to customers, investors, and banks.

b) Limited Liability Protection

– Benefit: Shareholders’ responsibility is limited to what they invest in the company.

– Impact: Shareholders’ personal assets are safe from business debts and obligations.

c) Perpetual Succession 

– Advantage: A registered company keeps operating indefinitely, even if its owners or leaders change.

– Effect: This maintains ongoing business operations and keeps things stable.

d) Easier Access to Money

– Advantage: Registered companies can get money by selling shares, borrowing, or doing both.

– Effect: This gives them more chances to grow and expand compared to businesses that aren’t registered.

e) Stronger Brand and Customer Trust

– Advantage: A registered company can create a powerful brand, which is important for marketing and keeping customers.

– Effect: It helps bring in more customers and build lasting relationships with them.

f) Better Tax Deals

– Advantage: Companies can take advantage of different tax breaks and deductions according to the Income Tax Act.

– Effect: This lowers the total amount of taxes they pay, making them more profitable.

g) Simple Ownership Transfer

– Advantage: Transferring ownership of a company is straightforward by just transferring shares.

– Effect: This ease is helpful for growing the business or planning an exit

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h) Increased Trust

– Advantage: Companies that are officially registered are more trusted by potential customers, suppliers, and investors.

– Effect: This trust can open up better business deals and collaborations.

 3. Steps for Registering a Company in India 

To register a company in India, you need to follow these steps:

Step 1: Get a Digital Signature Certificate (DSC)

– Reason: Needed to submit electronic documents to the Ministry of Corporate Affairs (MCA).

– Method: Get a DSC from approved agencies.

Step 2: Get a Director Identification Number (DIN)

– Reason: Required for all company directors.

– Method: Apply for a DIN by sending the required documents to the MCA.

Step 3: Approval of Company Name

– Purpose: To make sure the suggested company name is not already taken and follows the rules set by the Companies Act, 2013.

– Method: Suggest up to two names using the RUN (Reserve Unique Name) service on the Ministry of Corporate Affairs (MCA) website.

Step 4: Preparing and Submitting Incorporation Papers

Required Documents:

 – Memorandum of Association (MoA):Describes the company’s goals.

 – Articles of Association (AoA): Includes the rules for managing the company.

– Method: Send these documents along with Form SPICe+ (Simplified Proforma for Incorporating a Company Electronically Plus) through the MCA website.

Step 5: Get the Certificate of Incorporation

– Details: The Registrar of Companies (ROC) checks the submitted documents. If all is correct, they will issue a Certificate of Incorporation.

– Effect: The company becomes legally recognized and can start its business activities.

Step 6: Apply for PAN and TAN

– Why: You need a PAN for tax-related matters and a TAN for handling taxes deducted at source.

– How: Request both PAN and TAN through the MCA website when you apply for company formation.

Step 7: Set Up a Bank Account

– Why: To handle the company’s money transactions.

– How: Present the Certificate of Incorporation, PAN, and other required papers to open a business bank account.

Conclusion

Starting a company in India is an important step for any business aiming to build a solid base. The advantages of registering a company, like legal acknowledgment, protection of personal assets, and increased trustworthiness, are more significant than the initial expenses and work required. By knowing the requirements and carefully following the registration steps, you can make sure the process goes smoothly and successfully. Once your company is registered, you’re in a better place to seize opportunities.

FAQ on Company Registration

How many types of company registration are there in India?

This blog explains the process of 7 types of company registrations in India viz, Public Limited Companies, Private Limited Companies, One Person Companies, Partnership Firms, Limited Liability Partnerships, Sole Proprietorships, and Section 8 Companies.

Cost for Registering a Private Limited Company

The Cost of Incorporation of a private limited Company would vary from Rs. 6,000 – to Rs. 30,000/- depending upon the following: Number of Directors.

Can I register Pvt Ltd by myself?

Yes, you can register a Private Limited company, but it’s important to understand what needs to be registered and the steps involved in the process. You’ll need to know which documents are required, and who is qualified to register a Private Limited company. To complete the registration, you will also need to fill out the necessary forms.

Do I need a CA to register a company in India?

To register a company, you must utilize the MCA Portal. However, if you are not a Chartered Accountant or a legal professional, you will need the help of a legal expert to successfully complete the registration process.

What if a company is not registered?

The penalty for not registering a company can be as high as Rs. 10,000 per day of default.

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