Registration of Different Company

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REGISTRATION PROCEDURE OF DIFFERENT

COMPANY

REGISTRATION PROCEDURE OF PRIVATE LIMITED COMPANY


Step 1: Obtaining Director Identification Number (DIN) & Digital Signature

1. Obtaining Director Identification Number (DIN) for the proposed Directors in the
Company

2. Obtaining Digital Signature for one of the Directors of Company.

After this, application for the name of Private Limited Company must be applied.

Step 2: Applying for the name

The promoters should propose one or more suitable name for the name of company as it
offers the flexibility and choice to Registrar to select the name in case some names are
identical or similar to registered business entities or trademark

1. The name should not be similar or identical to any registered company or trademark.

2. The name should not be one prohibited under the ‘Emblems and names Act, 1950’.

3. The name of the company must have suffix “Private Limited Company “.

After submission of name, the registrar will review and approve one of the names. It usually
takes 3 to 5 working days to approve the name for the company and registration procedure.

Step 3: Filing for Incorporation of Private Limited Company

After the name approval, promoters should submit the application, prescribed fees and below
said following documents to the registrar:

 Articles of Association;

 Memorandum of Association;

 Declaration from Directors;

 Affidavits of the Directors.

A declaration stating that the requirements of the Act and the rules framed thereunder have
been compiled with. This declaration is required to be signed by an advocate of the or
Supreme Court or an attorney or a pleader having the right to appear before or a High Court
or a Chartered Accountant in whole time practice in India who is engaged in the formation of
a company, or by a person named in the Articles as a Director, Manager or Secretary of the
Company.
Besides the aforementioned documents, the company must provide relevant information
regarding of its registered office within 15 days of registration or during filing of
incorporation documents.

Step 4: Subscribing to the Private Limited Company

As per the Companies Act 2013, a subscriber must sign their names and must be subscribed
to the shares of the company incorporated. It means each subscriber must have at least one
share of the company. Each subscriber should sign the memorandum in presence of at least
one witness and must clearly state the following:

 Address

 Personal Description

 Occupation

 No of shares subscribed

 Nature of shares etc.

Likewise both (Article and Memorandum of association) must be duly signed and stamped.

Step 5: Certificate of Incorporation

After filing the above-mentioned documents and payment of necessary fees, the certificate
of Company incorporation would be issued by the Registrar of Companies. Upon
Incorporation, the company becomes a legal person separate from its members.

Requirements/Process for registration of Public Limited Companies

There are various rules and regulations prescribed under the companies act, 2013 for the
formation of a public limited company. Here is what you should keep in mind when
registering a public limited company:

 Minimum 7 shareholders are required to form a public limited company

 Minimum of 3 directors is required to form a public limited company

 The minimum share capital of Rs. 5 lakhs is required

 Digital signature certificate (DSC) of one of the directors is needed while submitting
self-attested copies of identity and address proof

 Directors of the proposed company will need a DIN

 An application is required to be made for the selection of the name of the company
 An application comprising the main object clause of the company is to be made. This
object clause will define what a company will pursue after its incorporation

 Submission of the application to ROC along with the required documents


like MOA, AOA, duly filled Form DIR – 12, Form INC – 7 and Form INC – 22 is
needed

 Payment of the prescribed registration fees to the ROC is required

 After obtaining an approval from the ROC, the company should apply for the
‘certificate of business commencement.’

Documents required for incorporating a Public Limited Company

 Proof of identity of all the shareholders and directors

 Proof of address of all the directors and the shareholders

 PAN number of all the shareholders and directors

 Utility Bill of the proposed office i.e. proposed registered office for the company

 A NOC (No Objection Certificate) from the landlord where the office of the company
will be situated

 Director Identification Number (DIN) of all the directors

 Digital Signature Certificate (DSC) of the directors

 Memorandum of Association (MOA)

 Articles of association (AOA)

A public limited company is a type of Limited Liability Company which can offers
share to the public. It has a limited liability. Public Limited Company might offer
general public stocks of the company either privately or by Initial Public Offering
via trades of the stock market.

REGISTRATION PROCEDURE OF PUBLIC LIMITED COMPANY


Procedure for incorporation:

Coming to the steps to incorporate a public limited company then the steps are
very clear and precise.

1. Digital Signature Certificate - The first step towards incorporating a company


is to get the Digital Signature Certificate. It is the electronic signature of the
director of the company and is can be availed from any of the government
approved vendors like TCS, e-Mudra, etc. DSC is important because all the
documents that will be submitted or uploaded to the Ministry of Corporate Affairs
(MCA) website are uploaded in electronic form and such form requires electronic
signature.

2. Director Identification Number - DIN is a unique identification number


allotted to the director. Every Director proposed to be appointed in the company
should hold a valid DIN.

The above two are the pre-requisites to register a firm which is followed by the
following steps:

3. Getting name approval - Once you have decided to go ahead with the
registration of the Company it is important that you get the name of your entity
approved by MCA. You have the leverage Six different options for the name of the
company. Ensure that you stick to the name guidelines suggested by MCA.
This approval is provided subject to certain conditions:

1. Make sure that there should be no other company registered with the
same name as your company.
2. The last word of the Public Limited company should always have
"Limited" mentioned at the end of the name of the Company.
3. Once you have filed the application for the name, Registrar of
Companies (ROC) informs the applicants of the status of their name
approval.

4. Filing of Incorporation Documents - If the name of your Limited Company is


accepted by ROC you need to file Memorandum of Association(MOA), Article of
Association (AOA) and some declaration and affidavits to proceed with company
incorporation. This has to be done within a period of 60 days from the date of
filing the application for name approval. In case you fail to submit the
Incorporation Documents, the name will expire after the said 60 days.

MoA and AoA

These are the next most important documents that need to be submitted with the
ROC. The Memorandum of Association entails information about the constitution
of the companies, its objectives and scope of work along with the relation of the
company with the world outside.
The article of Association, on the other hand, consists of rules and regulations of
the company which tells how the company will manage its internal environment.

5. Issue of Certificate of Incorporation ROC issues a certificate of incorporation


only after it receives all the documents supported with proof and registration fees.
The registration fee for company registration depends on the share capital of the
company which is mentioned in a memorandum of Association. Fee also vary from
state to state due to different rate of stamp duty.
The Public Limited Company can issue subscription to the public, the details of
which should be mentioned in the prospectus. In such a case, it is mandatory to
submit the prospectus with the ROC. If the company does not approach the public
for the required capital and obtains it privately then "Statement in Lieu of
Prospectus" should be filed with ROC.

Documents Required

Pan card is mandatory documents for Indian National and Passport is a mandatory
document in case of foreign national.

ID Proof of Director/promoter: Aadhaar Card, Voter ID, Driving License,


Passport (any one of these)

Residential proof Director/promoter: Bank Statement, Electricity Bill, Landline


telephone bill, Post-paid mobile Bill (any one of this and documents shall not older
than 2 months)

For Office address proof: Electricity bill, Landline telephone bill, Post-paid
mobile Bill, Gas Connection Bill (any one of these) along with NOC and lease
agreement/ rent agreement.

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