Company Registration

Private Company

A private company is an entity registered with the Registrar of Companies under the Ministry of Corporate Affairs of the Government of India. In a private company, the shares are privately held by the members or investors. The liability of the members will be limited to the value of shares subscribed. It cannot offer its share to the general public as it is restricted. The private company should use the suffix after its name Private Limited (PVT LTD).

Requirements for Private Company registration:

  • Minimum 2 directors shall be appointed, out of which one must be a resident of India.
  • Minimum of 2 shareholders is required. (An individual may become a shareholder and director at the same time.)
  • A place of business in India must be provided as a registered office address.

Public Company

A Public Limited Company is a company registered with the Registrar of Companies under Ministry of Corporate Affairs of the Government of India has limited liability and offers shares to the general public. It can get listed on the stock exchange to sell its shares in the stock market. Its stock can be acquired by anyone, either privately through (IPO) initial public offering or via trades on the stock market.

Requirements for Public Company registration:

  • Minimum of 3 directors are required and there is no restriction on the maximum number of directors.
  • Minimum paid-up capital of Rs 5 lakh is required.
  • Minimum 7 shareholders are required to form a public limited company.

Procedures for registration of Private/Public Company

  • Reservation of Name.
  • Drafting MoA, AoA, and other registration forms.
  • Obtain DSC for members and directors.
  • Submission of application online in the MCA portal.
  • After obtaining approval digital incorporation certificate containing CIN, PAN and TAN are issued online.
  • Obtain commencement of business certificate.

LLP Registration

A Limited Liability Partnership firm (LLP) is an entity registered under the LLP Act, 2008 governed by the Ministry of Corporate Affairs of India. In an LLP the business is carried out in a corporate framework, guided by terms of the mutually adopted partnership deed which makes the liability of the Partners limited.

Requirements for LLP registration:

  • Minimum of two partners are needed to register the LLP.
  • One Designated partner of LLP must be resident in India.

Procedures for registration

  • Reservation of Name for LLP.
  • Obtain DSC for partners.
  • Submission of application online in MCA portal for registration.
  • Drafting and filing of LLP agreement in the MCA portal.
  • Obtaining PAN for LLP.

Trust / Charitable Organization

Charitable organization whose primary objectives are providing relief to the poor, education, medical relief, preservation of environment /monuments, advancement of objectives of the general public utility, religious purpose, etc.

Generally, Medical colleges(Private), Engineering colleges(private), Schools, Colleges, Orphanages, old age homes, religious institutions such as Temples, Churches, Mosk, etc are formed as Charitable /Religious Trust in order to avail Income Tax exemption.

A charitable organization can be formed under any one of the following Acts:-

  • A Company u/s.8 of the Companies Act, 2013 (u/s.25 of the Companies Act,1956).
  • A Trust registered under the Registration Act, 1908
  • A society registered under the Societies Registration Act,1908
  • A society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955.

Procedure for Registration

  • Decide under which act to take registration
  • Draft by law.
  • Registration.
  • Application for Income Tax Exemption- u/s.12A, 12AA, 80G etc.
  • Application for FCRA approval to receive a donation from overseas sources.

NIDHI Company Registration

Nidhi Company is a company registered under Companies Act and notified as a Nidhi company by Central Government under Section 620A of Companies Act, 1956. It is a non-banking finance company doing the business of lending and borrowing with its members or shareholders. Nidhi Company can only do business of accepting deposits and lending money to its members only. It cannot deal with the public directly and can only work with its members.

Requirements for NIDHI Company registration:

  • Minimum of 3 directors are.
  • Minimum paid-up capital of Rs 5 lakh is required.
  • Minimum 7 shareholders are required to form a public limited company.
  • No preference shares shall be issued.
  • The object of the company shall be cultivating the habit of thrift and savings amongst its members, receiving deposits from and lending to its members only for their mutual benefits;
  • It shall have the words ‘Nidhi Limited’ as part of its name.
  • Every Nidhi shall, within a period of one year from Incorporation, ensure that it has—
  • Minimum number of members should be 200;
  • Net owned funds shall be Rs.10,00,000/- or more (‘Net owned funds’ means the aggregate of paid up equity share capital and free reserved as reduced by the accumulated and intangible assets appearing in the last audited balance sheet);
  • Ratio of net owned funds to deposit shall be not more than 1:20;
  • Unencumbered term deposits of not less than 10% of the outstanding deposits as specified in Rule 14.

OPC / One Person Company

One Person Company (OPC) is a business entity registered under the Companies Act, 2013, in which there is only one owner with limited liabilities who can act both as a shareholder as well as the director. In OPC entrepreneurs are capable of starting a venture by allowing them to create a single-person economic entity. The concept of OPC is basically to eradicate the limitation of a sole proprietorship, which is the most popular form for small businesses in India. The liability of the owner is limited to the invested capital in the OPC.

Requirements for OPC registration

  • The director/shareholder of OPC must be resident in India.
  • Should appoint a resident Nominee to the Director.
  • If an OPC exceeds a turnover of over Rs. 2 crore or has a paid-up capital above Rs. 50 lakhs, it must be turned into a private or public limited company within six months.

Procedures for registration

  • Reservation of Name
  • Drafting MoA, AoA and other registration forms
  • Obtain DSC for member/director
  • Submission of application online in MCA portal
  • After obtaining approval difital incorporation certificate containing CIN, PAN and TAN is issued online

Documents required

  • PAN Card of shareholders and Directors.(Foreign nationals must provide a valid passport.) (In case of NRI or Foreign National, documents of director (s) must be notarized or apostilled)
  • Identity Proof - Aadhar card and Voter ID/ Passport/ Driving License of Shareholders and Directors.
  • Address Proof - Latest Telephone Bill /Electricity Bill/ Bank Account Statement of Shareholders and Directors.
  • Latest Passport size photograph of Shareholders and Directors.
  • Business Address Proof - Latest Electricity Bill/ Telephone Bill of the registered office address
  • Rent Agreement -Rent Agreement of the registered office should be provided if any
  • NOC from owner -No Objection Certificate to be obtained from the owner(s) of registered office (Format)
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