An entrepreneur who is in the process of registering a company would like to know the list of documents required for the process. This article provides details and explanations of the documents required for company registration.
Before issuing the documents required for company registration in India, it is necessary to choose a suitable corporate structure for the company. Business owners must choose their corporate structure wisely so that the company can operate efficiently and achieve desired revenue targets.
What Are the Documents Required to Start a Company in India
Setting up a company or business in India requires that the founders or directors remain active in the “legal game”. The first and most important step required to set up a company is to secure the required documents for company registration in India.
All your efforts will be in vain if the documents required for new company registration in India are incorrect. Registering a company requires completing a number of legal formalities.
The specific documents required for company registration vary depending on the type of company you are forming and the jurisdiction in which you are incorporating. Here is a general list of documents that may be required:
- Articles of incorporation: This is a legal document that outlines the basic information about your company, such as its name, purpose, and the number of shares of stock it is authorized to issue.
- Certificate of incorporation: This is a formal document issued by the government agency responsible for registering companies, stating that your company is legally incorporated.
- Bylaws: These are the rules and regulations that govern the internal affairs of your company. Bylaws typically cover things like how the company will be managed, how meetings will be conducted, and how decisions will be made.
- Shareholder agreements: If you are forming a corporation, you may need to have a shareholder agreement in place. This document outlines the rights and responsibilities of the shareholders and sets out any special provisions related to the ownership of the company’s stock.
- Director resolutions: These are formal documents that outline the decisions made by the board of directors.
- Incorporator’s statement: This is a document that lists the names and addresses of the incorporators, who are the individuals responsible for forming the company.
- Registered agent and office information: Most jurisdictions require companies to have a registered agent, who is responsible for receiving legal documents on behalf of the company. You will need to provide the name and address of your registered agent and the location of your company’s registered office.
- Forms for registering for taxes: Depending on the type of company you are forming, you may need to register for various taxes, such as sales tax, employment tax, and income tax. You will need to complete the appropriate forms and submit them to the relevant tax authorities.
It’s important to note that this is just a general list, and the specific requirements for company registration may vary depending on the jurisdiction in which you are incorporating. It’s always a good idea to consult with a lawyer or an accountant to ensure that you have all of the necessary documents and information.
What Are the Basic Company Documents
Below are the four main documents required for company registration in India.
1. Digital Signature Certificate (DSC)
2. Managing Director Identification Number (DIN)
3. Registration on the MCA Portal.
4. Certificate of incorporation
What Documents Do Startups Need
Here are some required documents for Startup Registration in India
- Details to see the director’s full profile.
- PAN card number
- Written evidence of the official website, link, or pitch deck. Required for validation, speaking, early traction, or gradual start.
- Start-up certificate of incorporation or registration.
- Patent and trademark details.
- Articles of incorporation
- Non-Disclosure Agreement (NDA)
- Employee contract and offer letter
- General meeting of shareholders
- Intellectual property transfer agreement
- Founder/Co-Founder Agreement
- Business plan / Proposal materials
What Documents Are Required for LLP
Here are the following documents are required to register an LLP ( Limited Liability Partnership) in India:
- Partner’s PAN card
- Partner address proof
- LLP Proposed Registered Office Utility Bill
- a permit from the landlord
- Copy of rental agreement between LLP and landlord
To begin the LLP formation process, you will need your partner’s PAN card and proof of your partner’s address. Documents regarding the LLP’s registered office can be filed after the LLP’s naming approval has been obtained from the Registrar of Companies.
What Is the Procedure for Registration of LLP
A Limited Liability Partnership (LLP) is a newly introduced form of legal entity in India for small and medium-sized businesses. An LLP offers many of the benefits of a limited liability company while being easier to maintain compliance. Low registration fees and easy maintenance make LLPs the first choice for many small-sized businesses in India.
To register a Limited Liability Partnership (LLP) in India, you will need to follow the steps listed below
- Choose a unique name for your LLP. The name should be distinct and should not be similar to any existing LLP or company. You can check the availability of your desired name by conducting a name search on the Ministry of Corporate Affairs (MCA) website.
- Obtain a Digital Signature Certificate (DSC) and a Director Identification Number (DIN) for the proposed partners of the LLP. DSC is a secure digital key that is used to sign documents electronically. DIN is a unique identification number issued to directors of companies and LLPs.
- Prepare and file the LLP Agreement, which is a document that outlines the terms and conditions under which the LLP will operate. The LLP Agreement should be signed by all the proposed partners of the LLP.
- File the LLP Incorporation Form (Form 2) and the LLP Agreement (Form 3) with the MCA through the LLP portal.
- Pay the required fees for the registration of the LLP.
Upon successful registration, the MCA will issue a Certificate of Incorporation, which serves as proof of the LLP’s legal existence.
What Is a Requirement for Putting up a One Person Corporation
A one person corporation (OPC) is a type of business entity in which a single individual serves as both the owner and the sole director and shareholder of the corporation. In general, the requirements for setting up an OPC are similar to those for establishing any other type of corporation. Some specific requirements that may apply to OPCs include the following:
- Choosing a business name: OPCs must choose a unique and distinguishable business name that is not already in use by another company.
- Filing articles of incorporation: OPCs must file articles of incorporation with the appropriate government agency. These articles must include information about the OPC’s business name, purpose, and the name and address of its sole director and shareholder.
- Obtaining necessary licenses and permits: Depending on the nature of the business, OPCs may need to obtain certain licenses and permits to operate legally.
- Setting up a corporate bank account: OPCs should set up a corporate bank account in the name of the business to keep their personal and business finances separate.
Frequently Asked Questions (FAQs):
Is GST required for LLP?
Yes, Under the GST law, an LLP with an annual turnover exceeding ₹20 lakhs was required to register as a taxable company.
In this article, we have discussed the most important documents required for company registration that will help you in the process of company registration in India. An entrepreneur who is in the process of registering a company would like to know the list of documents required for the process