As per law whenever a company has to be registered it has to be registered in accordance with the provision of the Company Law 2013 and the relevant amendments that effect the same. When it comes to Company Registration, all the procedure is defined under the said law along with that the said law also stipulates few requirements such as in case of a private company there should be at least 2 persons and in case of a public company there should be at least 7 people, a new concept has also emerged during the years known as single person company, a single person company is owned and operated by a single individual. Along with that there should be relevant copies of documents such as Adhaar card, pan card, bank account statement, electricity bill, etc. along with that copies of the saledeed, lease deed, rent agreement etc. should be kept in handy as one will require these documents time and again.
Now the procedure that has to be followed when it comes to registration of company is a follows:-
- Collect the relevant documents and make sure that one of the director of the company has to be present in India for more than 182 days during the previous calendar year.
- Directors have to attain the DIN (Directors Identifications Number) in the regional office of Ministry of Corporate Affairs.
- Directors than have to attain the Directors Signature Certification (DSC) which is used to fill the E-Forms and to put their Signature wherever required. Usually they are prepared by third party Company which is thereafter recognized by the government of India.
- Now one have to select the name of the company and have to submit 4-5 names that they wish to choose. This should be done after cross checking the existing names in the MCA portal.
- The Regional office of the Ministry of Corporate affairs will take time to verify the same and one it is satisfied it doesn’t match with any other name of the company than they allot you the said name.
- Now comes the turn to draft heart and soul of the company i.e. MOA, AOA. Memorandum of association and articles of association are important documents as they regulate the framework and regulations of the company.
- Thereafter one have to fill the relevant forms on the MCA’s website to get the company registered, when it comes to Delhi State.
- When all the forms are full filed, MCA’s website will take to the payment page where you will have to make the payment of ROC Stamp duty.
A glimpse of the average cost can be seen below[1]:-
SNO | Particulars | Charges or Cost or Fee | Total Amount in INR |
1 | Getting DIN | 500/- INR per DIN | 1000 INR |
2 | DSC Charges(2 Number of the Directors) | 1500/- INR per DSC | 3000 INR |
3 | Company Name Approval | 1000/- INR per application | 1000 INR |
4 | Stamp Paper and Notary Charges | depend on affidavit, certification | 500 INR approx. |
5 | Company Registration in Delhi Forms, MOA,AOA | (300+2000+300+300+300) | 3200 INR approx. |
6 | Stamp Duty Fee of MOA, AOA and Forms | State wise | 700 INR Approx. |
Total Cost or Govt. Fee For Company Registration in Delhi | 9400/- |
- Now all the documents submitted will be cross checked by MCA and if they are found to be upto mark they will accept them and if not they will ask you to resubmit the documents so required.
- After verifying all the documents MCA will issue the Certificate of Incorporation in electronic form.
- Now when you register your company it becomes evident to get a pan card for the same as generally companies are formed to carry out economic activities which requires one to file Income tax return and to file such a return pan card is essential. Pan Card itself is not enough depending on the type of the business your company undertakes and the turnover of the same one will have to attain necessary registrations under service tax or attain TIN Number to carry out the work in a peaceful manner.
Author: This blog is written by Mr. Devashish Jain, student of College of Legal Studies, UPES, a passionate blogger & intern at Aapka Consultant.
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