India has long been regarded as one of the major economies of the world. The Indian government is actively implementing a number of efforts to increase business sector efficiency, whether it be through trade liberalisation, lowered tax rates, or a more welcoming attitude toward foreign investment. Additionally, a lot of reforms and advancements have been made in India recently to enhance the business environment for small and medium-sized firms, making it the country with the best business climate.
Some of the prominent reasons why people prefer doing business in India include:
Stable political environment and responsive administrative set up;
Well established judiciary to enforce rule of law;
Land of abundant natural resources and diverse climatic conditions;
Progressive simplification and rationalisation of direct and indirect tax structures;
Low labour costs;
Huge untapped market potential;
Robust banking and financial institutions
All these factors make India a lucrative market for making investment by the foreign entities.
Private Limited Company
This is the most common and preferred Company structure in India . The owners involved have limited liability upto the amount of their contribution and number of shares they own. Though there will be certain limitations on the ownership of the business as it is privately owned.
Public Limited Company
This type of Company structure can raise funds from Public and offers Limited Liability up to the shares it has offered to the general public. It is very diligently regulated and is required to comply with all the applicable provisions periodically without any negligence.
Limited Liability Partnership (LLP)
LLP is governed under the Limited Liability Partnership Act, 2008 read with allied Rules. It is an alternative corporate business form allowing the benefits of limited liability of company and flexibility of partnership. Its partners liability is limited their agreed contribution in LLP, unlike a unregistered partnership.
One Person Company (OPC)
One person company is a kind of private company and incorporated for any lawful purposes by a natural person. It is incorporated with one person only whether residing in India or otherwise, where the legal and financial liabilities are limited to the Company.
Section 8 Company (NGO)
Any person or association of person can register a company under section 8 of the Companies Act, 2013 as a limited company by obtaining a license from Central Government. Such type of Company is dedicated towards the social welfare of the society and the objects of such company shall be promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object
Note 1: In case of foreign directors/subscribers, all the aforesaid documents should be notarized and apostilled or consularized. In case documents are not in english, translated copy in english should be notarized and apostiled or consularized. please read the attestation requirements of documents below in FAQs
Note 2: *Draft will be provided by our team
Note 3: Following additional documents will be required in case the subscriber of the company to be incorporated is another company: â€¢ Copy of resolution passed by the subscriber company; â€¢ Certificate of Incorporation of the Subscriber Company.
The liability of each member or shareholders is limited. It means that if a company faces loss under any circumstances then its shareholders are not liable to sell their own assets for payment. Thus, the personal, individual assets of the shareholders are not at risk
The Company keeps on existing in the eyes of law even in the case of death, insolvency, the bankruptcy of any of its members. This leads to perpetual succession of the company. The life of the company keeps on existing forever.
As a juristic legal person, both the company and its members have separate legal identity that is distinct from each other.
Registering a Company will create goodwill and brand in eyes of public at large as compared to a sole proprietorship
1. Name Approval
The first and the foremost step in Registering a Company in India is reservation of name by filing SPICe+ Part A. The company is required to provide two names in order of preference. The names shall be supported with a rationale and objectives of the company to be pursued upon incorporation.
2. Obtaining DSC and DIN
A Digital Signature Certificate (DSC) is mandatory for all the persons who intends to become a Director or Subscribers of the proposed Company.
Director Identification Number (DIN): it is mandatory for every Director to obtain DIN before being appointed as Director. The SPICE + form provides an option to apply for maximum 3 DIN.
3. Filing of application with ROC
For incorporation of Company an application in Form SPICE+ B is submitted with the Registrar of Companies along with MOA, AOA and AGILE-PRO-S linked web form for obtaining ‘Certificate of Incorporation’
4. Certificate of Incorporation
Obtaining "Certificate of Incorporation" from Registrar of Companies.
At Companies Next we ensure that our clients receive the best services at all times, our team is made up of CAs, Lawyers, CS, IIM graduates, Actuaries, and other auxiliary personnel. Our professionals deliver hassle-free services to any industry using adaptable and personalised solutions. Our current procedure is constantly being improved, and we look for fresh approaches to do the same jobs. We pledge to expedite the completion of every assignment and provide our clients with a smooth experience.
Our Company Registration service include:
DSC of Subscribers and Directors
Company Registration fees and stamp duty
Certificate of Incorporation
Company’s PAN and TAN
Company's EPFO and ESIC Registration
Company’s Shop & Establishment Registration
Professional Tax Registration
Opening of Bank Account
Drafting of Memorandum and Articles of Association
Drafting of requisite declaration(s), consent letters, etc.
It takes around 8-10 business days to get a Company registered in India. However, the timeline may vary depending upon the structure of the Company.
Yes, a foreigner can register a Company in India. The only mandatory requirement is to have at least one resident director on the Board and to have a registered office in India.
Once a Company is incorporated, it will be active and in-existence until you liquidate it either by striking-off or winding up.
The minor shall not be appointed as director of the company. He needs to be over 18 years of age and must be a natural person.
DIN is a unique identification number assigned to all existing and proposed Directors of a Company. Before a person gets appointed as a Director, he must obtain a valid DIN. DIN never expires and a person can possess only one DIN.
Digital Signature Certificate (DSC) establishes the identity of the signee electronically while filing documents. The Ministry of Corporate Affairs (MCA) mandates that e-form(s) submitted on the MCA portal are digitally signed using DSC.
Yes, the Directors and Shareholders can be the same.
Yes, a non-resident can become a director in an Indian Company if he possesses the required documents and one resident director is already on the board.
You can check the authenticity of companies by visiting the portal of the Ministry of corporate Affairs.(www.mca.gov.in) Go to MCA services and click on View Company or LLP Master Data to check the master data of companies. Just enter the name of the company and get the required information like CIN No., directors’ name and DIN number, Company formation date, Share capital, email address, address etc.
A company must hold a minimum of four Board Meetings every year in such a manner that not more than 120 days shall intervene between two consecutive meetings. In addition to the Board Meetings, an Annual General Meeting must be conducted at least once every year.
Further, every Director of the Company holding a valid DIN as on 31st March of a financial year shall submit Form DIR-3 KYC with the Registrar of Companies. The above compliances are in addition to filing of Form AOC-4 and MGT-7 with the Registrar of Companies.