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What are the legal formalities involved in registering a company in India?

13-Mar-2023
Corporate

Answer By law4u team

In India, the legal formalities involved in registering a company depend on the type of company being registered. The most common types of companies in India are private limited companies, public limited companies, and one-person companies. The following are the general steps and legal formalities involved in registering a company in India: Obtain a Director Identification Number (DIN) and Digital Signature Certificate (DSC): The first step in registering a company in India is to obtain a DIN and DSC for all the proposed directors of the company. Name reservation: The next step is to obtain the approval of the company's name from the Registrar of Companies (ROC). The name must be unique and not similar to any existing company name. Memorandum of Association (MOA) and Articles of Association (AOA): The MOA and AOA are legal documents that define the company's objectives, rules, and regulations. These documents must be drafted and filed with the ROC. Certificate of Incorporation: Once the MOA and AOA are filed and approved by the ROC, the company will receive a certificate of incorporation. This certificate marks the official registration of the company. PAN and TAN: After the company is registered, it must apply for a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) from the Income Tax Department. Goods and Services Tax (GST) registration: If the company engages in the supply of goods or services, it must also register for GST. Other registrations: Depending on the nature of the business, the company may also need to obtain other registrations and licenses, such as a trade license, environmental clearance, or factory license. Overall, the legal formalities involved in registering a company in India are a multi-step process that requires compliance with various laws and regulations. It is advisable to seek the assistance of a legal professional or company registration consultant to ensure that all legal requirements are met.

Answer By Ayantika Mondal

Dear Client, These are the legal formalities that are involved in registering a company in India – 1. You have to obtain a Digital Signature Certificate (DSC), which is required for all proposed directors to sign electronic documents. 2. Under the Companies Act, 2013, all directors are also mandatorily required to obtain a Director Identification Number (DIN). 3. To choose a unique company name, you can apply via the MCA portal using their RUN (Reserve Unique Name) service. 4. All companies are mandatorily required to prepare Memorandum of Association (MOA) and Articles of Association (AOA), these documents include all details regarding the company’s objectives and rules. 5. You also have to file several forms like SPICe+ (INC-32), e-MOA (INC-33), and e-AOA (INC-34) on the MCA portal. 6. Then you have to pay the prescribed fees along with the stamp duty for registration of your company. 7. Post this, you are issued a Certificate of Incorporation by the MCA with Company PAN and TAN. 8. All companies, post their registration, are required to open a bank account, register for GST, PF, and other statutory registrations as applicable. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

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