The Companies Act of 2013: A Comprehensive Review of the Company Registration Process in India

The Companies Act of 2013 governs company registration in India, and the Ministry of Corporate Affairs is in charge of its implementation ( The Central Registration Center processes documents submitted electronically through the MCA website for company registration and other regulatory filings (CRC).

In India, the entire company registration process is done online. The Registrar of Companies issues the Certificate of Incorporation after all registration requirements have been satisfied (COI). All stakeholders can check the electronic certifications the ministry has published on the MCA website.

Section 7 of the 2013 Companies Act provides detailed instructions on the registration process. The conditions for the company’s incorporation are spelled out in this clause. The documents’ specifics are as follows:

  • Memorandum of organization, which is the company’s constitution and is officially stamped; for a public company, the minimum number of signatories is 7, whereas for a private business, the minimum number is 2;
  • Articles of Association, which are included in the MOA filing;
  • a list of directors that includes information on their names, jobs, and addresses;
  • written authorization from the directors, which must be presented to the company’s registrar;
  • Verification document, wherein such document is to be digitally signed by any recognized chartered accountant, Company secretary, Advocate

What is the Memorandum of a Corporation?

The name of the firm, with the words “limited” in case it is a public limited company and “Private Limited” in case it is a private limited company, shall be stated in the company’s memorandum. The state where the company’s registered office will be located, the firm’s goals, and the liability of each company member must also be mentioned. If a company’s responsibility is capped at its outstanding debts or the shares it owns, then its members are only liable for that amount.

 What are the Articles of a Company?

The company should have articles detailing the management’s rules and regulations that should be followed in a prescribed format.

The Ministry of Corporate Affairs website offers possibilities for online company registration, unifying the different legal stages of formation into one webpage. Also, to incorporate or register a business, you must apply for the unique name reserved for your prospective firm in exchange for Rs. 1000.

Registering a company in India involves several steps and can be complex. However, the following is a simplified guide to registering a company in India.

  1. Determine the Type of Company: The first step is to determine the type of company you want to register. There are several types of companies in India, including Private Limited Companies, Public Limited Companies, Person Companies (OPC), Limited Liability Partnerships (LLP), and Sole Proprietorships. Each type of company has its advantages and disadvantages, so it is essential to choose the right kind of company based on your business needs.
  2. Obtain a Digital Signature Certificate (DSC): The next step is to obtain a Digital Signature Certificate (DSC) for the proposed Directors of the company. The DSC is an electronic signature that is used to sign documents electronically.
  3. Obtain Director Identification Number (DIN): After obtaining the DSC, the proposed Directors must obtain a Director Identification Number (DIN) from the Ministry of Corporate Affairs (MCA). The DIN is a unique identification number assigned to each Director.
  4. Name Reservation: The next step is to reserve a name for your company. The proposed name should be unique and not be similar to any existing company or trademark. You can apply for a name reservation through the MCA’s website.
  5. Memorandum of Association (MOA) and Articles of Association (AOA): After the name is reserved, the next step is to draft the Memorandum of Association (MOA) and Articles of Association (AOA) of the company. The MOA and AOA are legal documents that define the scope and objectives of the company, its share capital, and the rules and regulations for its internal management.
  6. File the Incorporation Documents: After the MOA and AOA are drafted, the next step is to file the incorporation documents with the Registrar of Companies (ROC) of the state where the company will be registered. The incorporation documents include the following:

a. Form SPICe (INC-32): This form includes the Directors, shareholders, and the company’s registered office details.

b. MOA and AOA

c. Declaration by the Directors and shareholders

d. Affidavit by the Directors and shareholders

  • Obtain Certificate of Incorporation: After the ROC receives and verifies the incorporation documents, it will issue a Certificate of Incorporation. The Certificate of Incorporation proves that the company is legally registered in India.
  • Obtain Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN): After obtaining the Certificate of Incorporation, the company must obtain a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) from the Income Tax Department. The PAN is used for various tax-related purposes, and the TAN is used for deducting and collecting taxes on behalf of the government.
  • Open a Bank Account: The company can open a bank account in its name after obtaining the PAN and TAN. The bank account is required to carry out financial transactions related to the company’s business.
  • Register for Goods and Services Tax (GST): If the company’s turnover exceeds a certain threshold, it must register for Goods and Services Tax (GST) with the GST department. The GST is a value-added tax on goods and services sold in India.

In conclusion, registering a company in India is a legal requirement for anyone wishing to do business there. The process involves several steps, including obtaining a Digital Signature Certificate (DSC) and Director Identification Number (DIN), selecting a unique company name, preparing and filing the necessary documents, obtaining a certificate of incorporation, and obtaining various registrations and licenses.

The registration process can be time-consuming and complicated, but it is essential for protecting the company’s and its stakeholders’ interests. Once registered, a company in India can enjoy several benefits, such as limited liability protection, ease of access to capital, and greater credibility with customers and suppliers.

It is advisable to seek the assistance of a professional service provider or legal expert like to ensure that the registration process is carried out correctly and efficiently. With the proper guidance and expertise, registering a company in India can be a smooth and straightforward process.

Leave a Reply

Your email address will not be published. Required fields are marked *