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In India, there are a number of ways in which you can start a Business in India. The most popular being incorporation of a company. New company registration in India is now done with much greater ease.

The step by step process involved in Company Registration in India has been made less cumbersome, cost effective and the documentation needed has been minimised.

Greater focus is placed on having clear and well drafted documentation and experienced filing for Company registration in India.

What is needed for Registering a New Company in India:

A few of the basics for any type (private or public) of company registration:

  • Paid up Capital
  • Members and Directors
  • Registered Office
  • Suitable Name
  • DIN (Director Identification Number) and DSC (Digital Signature Certificate)
  • PAN (Permanent Account Number) and TAN (Tax Deduction and Collection Account Number)

Cost:

The Company Registration Fee in India encompasses the drafting of basic documentation, paid up capital, procuring DIN and DSC, TAN and PAN Card, GST Registration, name search for no objections, filing of documentation with the Ministry of Corporate Affairs and trademark filing.

Documents to be Drafted

  • Memorandum of Associate (MOA) – This is the base document which lays down the constitution/ foundation of the company. The purpose of the MOA is to display the permitted range of activities of a company for the guidance of shareholders, creditors and others. When incorporating or registering a private limited company, proper advice must be taken to draft a proper Memorandum of Association to safeguard yourself and the business in the long term.
  • Articles of Association (AoA) – This document regulates the domestic management of a private limited company and creates certain rights and obligations between the members and the company. The Articles of Association are in fact the by-laws of the company according to which directors and other officers are required to perform their function as regard the management of the company, its accounts and audit.
  • Forms – Various forms need to be filled carefully and submitted to the Registrar of Companies (RoC)

Time Frame to Register a Company in India

Once you choose the type of company you would like to incorporate and depending on the citizenship of the members/ directors, the usual time frame varies from 2 – 6 weeks.

Foreigner in a Company

A foreigner can act as a Director of an Indian company, there will be addition paperwork that will need to be submitted such as passport, identity and address proof attested by Indian consulate of the home country of the foreigner, application forms for digital signatures, etc.

India has several policies in place to encourage Foreign Direct Investment (FDI) and if a particular sector permits 100% FDI, an Indian shareholder is not needed. There is however, a requirement to have an “India resident” director in all companies under the new Indian Companies Act. This person does not have to be an Indian national, but must be someone who has been a tax resident in India for the previous year.