Introduction to Company Registration in India
A company’s directors are its signatories of the company. The MCA portal discloses the details of the directors, be it of a LLP or a company. The details of the signatories such as the Director Identification Number (DIN), Name of the directors or partners, Address of the directors or partners of a company, their designation and the date of appointment are disclosed on the portal of Ministry of Corporate Affairs.
The Ministry of Corporate Affairs under the Government of India has laid down the rules and regulations for the corporate sector and ensures that the companies operate in an organized manner as per the provisions.
Documents for Directors who are Indian Nationals
The following are the documents that are to be mandatorily submitted for company incorporation in India by Indian Nationals:
During the procedure of incorporation of the company, the proposed director must submit the address proof which contains the name and the current address of the director. Following are the address proof documents the director can submit during the company registration process:
- Driving License
- Electricity Bill
- Telephonic Bill
- Aadhaar Card
- Election Card/Voter Identity Card
- Ration Card
The director (irrespective of him being an Indian National or a Foreign National) must also provide residential proof documents which were submitted during the time of company incorporation. If the director is a Foreign National and is producing a document containing foreign language, the same must be translated and apostilled by an official translator. The residential proof that is required to be submitted must contain the name of the director as mentioned in the PAN Card. The residential proof must not be older than 2 months.
Following documents are accepted as residential proof:
- Bank Statement
- Electricity Bill
- Telephonic Bill
- Mobile Bill
Registered Office Proof:
- The document proof of the registered office address of the company must be provided by the director within 30 days of the incorporation of the company.
- Registered document of the title of the office premises.
- Notarized lease/rent agreement copy which is in the name of the company.
- Receipt copy of a recently paid rent.
- Landlord’s authorization and permission letter (NOC) to use the promises of the company as its registered office.
- Utility services’ proof consisting of electricity bill, gas and telephone bill.
- In case, a shareholder or subscriber who is subscribed to the MOA (Memorandum of Association) and AOA (Articles of Association) is a Corporate Entity/Company or a Limited Liability Partnership, the Certificate of Incorporation of a corporate entity must be attached along with its passed resolution in order to subscribe for shares.
All said and done, it is very important for incorporation of company or business to be done in India. The procedure for incorporation of company has been made seamless with the latest amendments and revisions with respect to the digital registration process. It is essential to seek assistance from a professional/registrar of companies in formulating the INC-9, MOA and AOA. The directors of the company must sign and notarize the documents which should particularly be made for the purpose of company incorporation.
The next step after successful company incorporation is GST registration. In the GST Regime, businesses whose turnover exceeds Rs. 40 lakhs* (Rs 10 lakhs for NE and hill states) is required to register as a normal taxable person. For certain businesses, registration under GST is mandatory. If the organization carries on business without registering under GST, it will be an offence under GST and heavy penalties will apply.