How to Register a Company in India: Step by Step Complete Procedure
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How to get your company registered in India?

India’s growing economy with numerous business opportunities is at the perfect juncture for aspiring entrepreneurs to start a company. However, registering a company in India involves several steps and legal procedures and may seem daunting. In this article, we share a comprehensive guide on the general steps to register a company in India:

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9 Simple Steps to Register your company in India

Step 1: Choose the Right Business Structure

Before you can begin the registration process, you must decide on the structure of your business. In India, there are various options, including:

  • Sole Proprietorship: A single-owner business.
  • Partnership: A business run by two or more individuals.
  • Limited Liability Partnership (LLP): A hybrid structure that offers the benefits of both a partnership and a company.
  • Private Limited Company: A separate legal entity with limited liability.
  • Public Limited Company: A publicly traded company with shareholders.

Your choice of business structure will determine the registration requirements and compliances you need to follow.

Step 2: Register for Digital Signatures

For most company registrations in India, you’ll need digital signatures for the directors or authorized signatories. This is essential for online submissions to government authorities. You can obtain digital signatures through certified agencies.

Step 3: Obtain Director Identification Number (DIN) and Digital Director Identification Number (DSC)

Directors of the company need to obtain a DIN, which is a unique identification number. Additionally, they should also get a Digital Director Identification Number (DSC), which is linked to their digital signature. These are obtained through the Ministry of Corporate Affairs (MCA) website.

Step 4: Choose a Unique Name for Your Company

Selecting a unique and meaningful name for your company is crucial. The name must comply with the Companies Act, 2013, and should not infringe on any existing trademarks. The name approval process can be done online through the MCA website.

Also Read: LLP or Private Limited Company, Which One Is Better for Me?

Step 5: File for Incorporation

Once you have your DIN, DSC, and a unique company name, you can proceed with filing the incorporation documents. The documents required will depend on your chosen business structure (LLP, Private Limited, etc.). This is a critical step, and seeking professional guidance is advisable to ensure accurate and complete documentation.

Step 6: Register for Goods and Services Tax (GST)

Depending on the nature of your business, you may need to register for GST, a value-added tax in India. GST registration is mandatory for most businesses with an annual turnover above a specified threshold.

Step 7: Apply for Permanent Account Number (PAN) and Tax Deduction Account Number (TAN)

You’ll need to apply for a PAN, which is a unique ten-digit alphanumeric identifier for tax purposes, and a TAN, which is necessary for tax deduction at source. These can be obtained through the Income Tax Department.

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Step 8: Register with Employees’ Provident Fund Organization (EPFO) and Employees’ State Insurance Corporation (ESIC)

If you have over 20 employees, you must register with EPFO. If you have more than 10 employees and pay a monthly salary below or up to INR 21000, you would need to register with ESIC,  to comply with labor laws in India.

Step 9: Open a Bank Account

You’ll need to open a bank account in your company’s name and provide the necessary documents, including the Certificate of Incorporation, to the bank.

It is advisable to seek professional assistance, such as hiring a chartered accountant or a company secretary, to guide you through the registration process and ensure compliance with all legal and regulatory requirements. The requirements and procedures may change over time, so it’s essential to check the latest guidelines and regulations from the Ministry of Corporate Affairs (MCA) and other relevant authorities.

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FREQUENTLY ASKED QUESTIONS (FAQS):

Question: What are the types of companies that can be registered in India?

Answer: In India, you can register various types of companies, including private limited companies, public limited companies, one person companies (OPCs), and limited liability partnerships (LLPs), among others.

Question: What is the minimum number of directors and shareholders required to register a private limited company?

Answer: A private limited company in India must have a minimum of two directors and two shareholders. One person can act as both a director and a shareholder.

Question: What are the key steps involved in registering a company in India?

Answer: The key steps include obtaining Digital Signature Certificates (DSCs), Director Identification Numbers (DINs), filing for name reservation, drafting and filing the Memorandum of Association (MOA) and Articles of Association (AOA), and obtaining a Certificate of Incorporation.

Question: How long does it take to register a company in India?

Answer: The time required for company registration in India can vary depending on several factors, but it typically takes 15 to 30 days to complete the entire process.

Question: What is the minimum capital requirement for registering a company in India?

Answer: There is no specific minimum capital requirement for most types of companies in India. You can start a private limited company with any capital, but deciding on an appropriate capital structure is important.

Question: Do I need a physical office address to register a company in India?

Answer: Yes, you need to provide a registered office address when registering a company in India. This address will be used for official communications.

Question: What are the compliance requirements for a registered company in India?

Answer: Registered companies in India must comply with various statutory requirements, including filing annual financial statements and annual returns with the Ministry of Corporate Affairs (MCA), conducting regular board meetings, and maintaining proper accounting records.

Question: What are the tax implications of registering a company in India?

Answer: The tax implications depend on the type of company and its activities. Companies in India are subject to corporate income tax, and Goods and Services Tax (GST) may apply depending on the nature of the business.

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