Bizconsulting

The process of company registration in India varies depending on the type of company being incorporated. Here’s a step-by-step guide on how to register different types of companies under the Companies Act, 2013:


1. Private Limited Company (Pvt Ltd)

A Private Limited Company is one of the most popular types of business structures in India, especially for startups and SMEs. Here’s how to register a Private Limited Company:

Steps for Registration:

  1. Obtain Digital Signature Certificate (DSC):
    • Apply for DSC for all proposed directors. DSC is required for e-signing forms.
  2. Apply for Director Identification Number (DIN):
    • Obtain a DIN for each director through the SPICe+ form during registration.
  3. Name Reservation:
    • Apply for name reservation via the RUN (Reserve Unique Name) service or SPICe+ (Simplified Proforma for Incorporating Company Electronically) form.
    • Ensure the proposed name is unique and complies with naming guidelines.
  4. File SPICe+ Form:
    • File the SPICe+ form on the Ministry of Corporate Affairs (MCA) portal.
    • SPICe+ allows for integrated filing for PAN, TAN, EPFO, ESIC, GSTIN, and bank account openings.
  5. Submission of MOA and AOA:
    • Submit the Memorandum of Association (MOA) and Articles of Association (AOA) along with the SPICe+ form, which define the company’s objectives and internal rules.
  6. Issuance of Certificate of Incorporation (COI):
    • Upon verification, the Registrar of Companies (ROC) issues the Certificate of Incorporation, which includes the Corporate Identification Number (CIN), marking the legal existence of the company.

Estimated Time: 7-10 working days.


2. Public Limited Company (Ltd)

A Public Limited Company can offer its shares to the public and is suitable for larger businesses planning to raise capital from the general public.

Steps for Registration:

  1. Obtain Digital Signature Certificate (DSC) and Director Identification Number (DIN):
    • Same as for private companies, obtain DSC for all directors and apply for DIN.
  2. Name Reservation:
    • File for name reservation via RUN or SPICe+ form on the MCA portal.
  3. File SPICe+ Form:
    • Complete the SPICe+ form, including details of directors and shareholders, and attach the required documents, such as the company’s MOA and AOA.
  4. Submission of MOA and AOA:
    • Public limited companies require MOA and AOA, which outline the purpose, structure, and operational guidelines for the company.
  5. Declaration and Other Documents:
    • Attach a declaration from a Chartered Accountant, Company Secretary, or Advocate certifying compliance with all registration formalities.
  6. Issuance of Certificate of Incorporation (COI):
    • Once approved, the ROC issues the COI, and the company can commence business operations.

Estimated Time: 10-15 working days, with additional compliances required before commencing public trading.


3. One Person Company (OPC)

An OPC is designed for solo entrepreneurs who wish to enjoy the benefits of limited liability while retaining control over the company.

Steps for Registration:

  1. Digital Signature Certificate (DSC):
    • Obtain DSC for the sole director.
  2. Director Identification Number (DIN):
    • Apply for DIN for the sole director through the SPICe+ form.
  3. Name Reservation:
    • Reserve the company name using the RUN or SPICe+ form.
  4. File SPICe+ Form:
    • File the SPICe+ form for OPC, which includes PAN, TAN, and other registration services, simplifying the process.
  5. Submission of MOA and AOA:
    • Submit the MOA and AOA. Since it’s a one-person company, there’s no need for additional shareholders or directors.
  6. Nominee Appointment:
    • OPCs require a nominee, who will take over the company in case of the owner’s death or incapacitation. The nominee’s consent must be submitted.
  7. Issuance of Certificate of Incorporation (COI):
    • The ROC verifies the documents and issues the COI, allowing the OPC to start its operations.

Estimated Time: 7-10 working days.


4. Limited Liability Partnership (LLP)

LLPs combine features of partnerships and companies, offering limited liability to partners and flexibility in management.

Steps for Registration:

  1. Obtain Digital Signature Certificate (DSC):
    • All partners must obtain DSC for e-signing documents.
  2. Name Reservation:
    • Apply for the LLP name reservation through RUN-LLP on the MCA portal.
  3. Filing for Incorporation:
    • File the FiLLiP (Form for Incorporation of Limited Liability Partnership), providing details of the partners, registered office, and other required information.
  4. LLP Agreement:
    • File the LLP Agreement within 30 days of incorporation, defining the roles, responsibilities, and profit-sharing ratio of each partner.
  5. Issuance of LLP Incorporation Certificate:
    • Once the documents are approved, the Registrar issues the LLP Certificate of Incorporation.

Estimated Time: 7-10 working days.


5. Section 8 Company (Non-Profit Organization)

Section 8 companies are established for non-profit purposes, focusing on charitable or social work rather than profit generation.

Steps for Registration:

  1. Digital Signature Certificate (DSC) and Director Identification Number (DIN):
    • Obtain DSC for all directors and apply for DIN.
  2. Name Reservation:
    • Reserve the name for the Section 8 company using the RUN or SPICe+ form on the MCA portal.
  3. File SPICe+ Form and Section 8 Application:
    • File the SPICe+ form along with a detailed application justifying the non-profit objectives of the company.
  4. Draft MOA and AOA:
    • The MOA and AOA must clearly specify that the company’s purpose is non-profit and that profits will be reinvested into the organization rather than distributed as dividends.
  5. Declaration and Approval from ROC:
    • Attach declarations from a professional certifying compliance with the Companies Act, 2013. The ROC forwards the application to the Regional Director for approval.
  6. Issuance of Certificate of Incorporation (COI):
    • After verification, the COI is issued, allowing the company to commence non-profit activities.

Estimated Time: 15-20 working days.


6. Nidhi Company

Nidhi companies are non-banking financial companies (NBFCs) that operate to encourage savings and lending among members.

Steps for Registration:

  1. Obtain DSC and DIN:
    • Obtain DSC for all directors and apply for DIN.
  2. Name Reservation:
    • Reserve the Nidhi company name using the RUN or SPICe+ form.
  3. File SPICe+ Form:
    • File the SPICe+ form, specifying the Nidhi company’s objective to cultivate thrift and savings among members.
  4. Submission of MOA and AOA:
    • The MOA and AOA must align with Nidhi objectives and regulatory requirements.
  5. Issuance of Certificate of Incorporation (COI):
    • After verification, the COI is issued by the ROC, allowing the Nidhi company to start its operations.
  6. Apply for Nidhi Compliance:
    • Post-incorporation, register with the Ministry of Corporate Affairs as a Nidhi company and follow additional Nidhi rules and guidelines.

Estimated Time: 15-20 working days.


7. Producer Company

Producer companies focus on agriculture, fisheries, or other primary production activities, benefitting farmers or primary producers.

Steps for Registration:

  1. Obtain DSC and DIN:
    • All directors must obtain DSC and DIN.
  2. Name Reservation:
    • Apply for name reservation using the RUN service, ensuring it reflects the producer activities.
  3. File SPICe+ Form:
    • File the SPICe+ form with details of all members (producers), directors, and the company’s activities.
  4. Submission of MOA and AOA:
    • The MOA and AOA should define the agricultural or producer-based objectives.
  5. Issuance of Certificate of Incorporation (COI):
    • Once verified, the ROC issues the COI, and the company can begin its activities.

Estimated Time: 15-20 working days.


Conclusion

Each type of company registration has specific requirements tailored to its purpose, ownership structure, and compliance level. Choosing the right type and following the appropriate registration process ensures legal compliance, operational efficiency, and access to various tax and regulatory benefits

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