Company IncorporationLegal Notice

How to Get a Company Registration Certificate

A new business venture can obtain a company registration certificate by following the procedure outlined by the Ministry of Corporate Affairs (MCA). Continue reading if you are an up and coming entrepreneur who wants to know the ins and outs of the process.

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To run a legitimate business, you must first obtain a business registration certificate. Numerous business opportunities may present themselves to you and might soon put you on the path to success. However, adhering to the country’s corporate norms is critical. 

There was a time when registering a company required a lot of time, energy, money, and effort. Unlike before, you don’t need to run around from one government office to another to get your incorporation certificate. Thankfully, the process has become much simpler in recent years as the entire process can be completed online with the help of trusted incorporation experts such as Vakilsearch. 

In this article, we will discuss the process of obtaining a company registration certificate from the MCA.

Types of Companies

There are primarily 6 types of companies that can be registered in India, and each is unique in its own way.

  1. Private limited company
  2. OPC (one person company)
  3. Sole proprietorship
  4. Public limited company
  5. Section 8 company 
  6. Producer company

INCORPORATE YOUR COMPANY

Key Differences Between Private and Public Companies

Private Limited Company

Public Limited Company

  • A private company requires a minimum of two board members
  • A public company requires a minimum of seven board members
  • A private company can have a maximum of 200 members 
  • A public company can have any number of members.
  • There is a restriction on the transferability of shares in a private company
  • There is no restriction on the transferability of shares in a public company.
  • In a private limited company, public subscription of shares is not allowed
  • In a public limited company, public subscription of shares is allowed

 

  • A private company needs to have a minimum of at least two directors.
  • A public company needs to have a minimum of at least three directors.
  • A private company can commence business immediately after incorporation,
  • A public company has to wait until they acquire the certificate to commence business.
  • A private company is not mandated to issue a prospectus 
  • A public company is required to issue a prospectus 
  • Two members should be present personally at the AGM of a private company 

 

  • Five members should be present personally at the AGM of a public company 
  • A private company does not have the obligation to hold a statutory meeting.
  • A public company has the obligation to hold a statutory meeting.

The Process

These are four major steps involved in acquiring a company registration certificate. You must, 

Step 1 – First you must acquire a digital signature certificate (DSC)

Digital Signature Certificates (DSC) are the digital equivalents of physical or paper certificates. It serves as proof of identity. It can be used to access information or services on the internet or to sign certain documents digitally. 

If you don’t have one, get in touch with our experts right away! If you have one already, remember to check its validity before you proceed further.

Step 2 – Prepare to acquire the director identification number (DIN)

Any person intending to become a director in a Company is required to apply for the allotment of Director Identification Number at the time of incorporation via the SPICe+ form.

Step 3  – After the previous step, you must register through SPICe+ (INC 32) and INC 35 (AGILE PRO) forms.

This stage involves complicated and tedious steps. There is no room for error as mistakes in your incorporation forms can cost your new venture dearly. This is why we recommend you engage the helping hand of our incorporation team.

Step 4- Pay the incorporation fee. 

Once you pay the requisite filing and registration fees, send a physical copy of the company’s Memorandum and Articles of Association to the RoC.

After verification of the information and documentation furnished, the RoC issues the company registration certificate. 

In the case of a public limited company, after incorporation, 

  • File a declaration in eForm 20 and attach the statement in lieu of the prospectus (schedule III)

 OR

  • File a declaration in eForm 19 and attach the prospectus (Schedule II) to it.

Once successfully filed, you can then obtain your certificate of commencement of business.

Talk to Our Experts

The verification stage of incorporation can get dragged on for an excruciatingly long duration. This is why we recommend that you engage the services of our seasoned incorporation experts. They will ensure that all your documentation and forms are in order so that you can enjoy a hassle-free incorporation experience. 

Let Vakilsearch help you take your business off the ground without leaving the comfort of your home. Get your company registration certificate today!

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