What are the consequences of not complying with post-registration obligations

Non-compliance with post-registration obligations can lead to penalties, legal actions, and even company dissolution. These obligations include filing annual returns, maintaining accounting records, and holding regular meetings as per regulatory requirements to ensure legal and operational compliance.

Can a foreign national be a director in an Indian company?

Yes, a foreign national can serve as a director in an Indian company, subject to certain conditions and compliance with applicable laws. They may need to obtain appropriate visas and fulfil directorship eligibility criteria outlined by the Companies Act of 2013 and other relevant regulations.

How long does the company registration process take?

The duration of the company registration process varies based on factors like entity type, documentation completeness, and government processing times. Typically, it takes around 15 to 30 days to complete the registration formalities, though this timeline may vary depending on specific circumstances and regulatory changes.

What are the compliances required after a company is registered?

After company registration, various compliances must be met, including tax registrations, statutory filings, and ongoing regulatory obligations. These ensure legal and operational adherence to corporate laws, tax regulations, and other statutory requirements to maintain the company's legal standing and operational integrity.

How can I verify if a company is registered in India?

You can verify a company's registration in India through the Ministry of Corporate Affairs (MCA) portal by searching for its name or Corporate Identification Number (CIN). This online database provides access to company details, including registration status, directors' information, and annual filing compliance.

How can I conduct a company name search online?

You can use Vakilsearch's free company name search tool to see if your desired name is already taken.

Is registration compulsory for companies?

Yes, registration is mandatory for companies operating in India. The Companies Act, 2013 mandates registration for entities engaging in business activities to ensure legal recognition, accountability, and regulatory oversight, safeguarding stakeholders' interests and promoting corporate transparency.

What is the difference between a business name and a trade name?

A business name identifies the legal entity, while a trade name refers to the brand name under which business is conducted. The business name is registered with authorities, while the trade name is often used for marketing purposes. Both names may or may not be the same, depending on business preferences.

Are there any tax implications associated with company registration?

Company registration entails various tax implications, including corporate income tax, Goods and Services Tax (GST), and compliance with tax regulations. These obligations vary based on the company's structure, activities, and turnover, necessitating proper tax planning and compliance to avoid penalties and ensure financial integrity.

How can I check the availability of a company name?

You can verify the availability of a company name through the MCA portal or the Reserve Unique Name (RUN) service. Conducting a name search helps ensure that the desired name is unique, complies with regulatory guidelines, and is available for registration, streamlining the company registration process.

Do I need a physical office space for company registration, or can I use a virtual office?

While a physical office space is not mandatory for company registration, a registered office address is required for communication and legal purposes. This address can be a commercial or residential property, but it must be operational and capable of receiving official correspondence. Virtual office spaces may also suffice for registration purposes.

What is the minimum and maximum number of shareholders allowed for company registration?

The Companies Act, 2013 does not specify a minimum or maximum limit for shareholders in a company. Private limited companies can have a minimum of two shareholders, while public limited companies must have a minimum of seven shareholders. There is no upper limit on the number of shareholders allowed.

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Company Registration in India

Name: Company Registration
Brand: Vakilsearch
SKU: 57
Rating: 4.5 (9273 reviews)

Register your company with the Ministry of Corporate Affairs (MCA) in India with professional help.
Our experienced team manages company compliance processes, regulations, and government requirements.
Get approval, annual compliance, document preparation, form filing, and liaising with government authorities efficiently handled.
Secure your Director Identification Number (DIN) and complete SPICe+ form filings in one streamlined process.
From setting up your registered office to drafting Memorandum of Association (MoA) and Articles of Association (AoA), we're with you at every step.

“Excellent service and support. Vakil Search Team is very supportive and professional. I Really appreciate the service and support from the team.”

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Company structures in India

Business RegistrationInternational Business SetupComplaince ServicesOther Services

Private Limited Company Registration

Get expert assistance for Indian company registration, including SPICe-INC-32, eMoA-INC-33, and eAOA-INC-34 filings on MCA, along with DSC provisions, all completed in one go for your company.

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Register under the Startup India scheme with Vakilsearch and receive your certificate in just 3 to 5 working days. Enjoy a safe, end-to-end online process.

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Company Registration in India

Registering your company in India is the first step of establishing your business. As per the Companies Act of 2013 a company can be formed for any lawful purpose. It requires a set of principles outlined by the Ministry of Corporate Affair (MCA).Company registration provides a unique set of legal rights to the entity. Picking the right company structure for your business is crucial like any other business related activity. The right business structure when registered allows business to operate efficiently and meet the required objectives. Companies should be registered in India to avail government benefits and exercise legal rights in the business sphere. The official MCA portal allows individuals to register and obtain a legal identity of the company.

Advantages of Registering a Company

Incorporating a company in India requires to follow all the rules outlined in the Companies Act of 2013. Registering your company through Vakilsearch in India offers multiple advantages. Some of the benefits are outlined below:

Senior Expert Support

We connect you directly with senior experts who have years of experience in company incorporation. Whether it be a company secretary for your compliance, an incorporation expert, an auditor, or a chartered accountant, our portal has it all.

Complete Documentation Support

Our team helps you acquire all the required documents for the registration process. Starting with the DSC,DIN for directors, TAN, and PAN for your company, we make sure that all the documentation is on point.

Quick Name Registration and MCA Filing

Since all business handling is conducted by a sole proprietor, there will be no delays in taking quick actions. The sole proprietor has 100% ownership of the business and will be responsible for the day's activities. There is a better rate of maintaining secrecy and taking immediate decisions without needing to consult anyone

Completely Online and Transparent Process

With our user-friendly online portal, you can trace the status of your company registration process at any given time. A dedicated SPOC will be assigned to you, and they will provide you with regular updates on the process.

Support for Bank Account Opening and Post-Incorporation Compliances

Apart from registering your company, you can also opt for post-registration compliance. You get expert support for annual filing, tax returns, GST, and other compliances. In addition to filing, we provide assistance in connecting you with our banking partners to facilitate the seamless opening of a bank account.

Eligibility Criteria for Company Registration

As per the Companies Act of 2013 the eligibility criteria for every business entity type varies drastically. Here is a general outline of eligibility criteria for registering your company in MCA.

Registered company should have at least one Indian resident director
Directors should have DSC and DIN
Should not conduct any illegal activities as outlined by the Indian legislature
Directors and shareholders should be legally of Age
Address proof and the Identity proof of the directors has to be submitted
Company should have a unique name.

Checklist for Company Registration

Based on the type of company being incorporated the requirements might vary. However, here is a comprehensive checklist for registering your company in India:

Finalise the type of company that you want to register
Select a name for the company as provided under the company incorporation rules of 2014
Have an official address for your firm
Collect all the ID and address proof of the partners
Have at least two shareholders and two directors
Make sure to have one Indian resident director
Finalise the capital required for the company
Draft the objective of the company in and memorandum of association
Apply for DSC and DIN for all the directors if required
Provide address proof and utility bills of the registered office address
Apply for GST if required
Open an current account in the companies name
Appoint an auditor, chartered accountant, and CS if applicable
Get your company TAN and PAN records
Make sure to register your intellectual property like logos and trademarks.

Required Documents for Company Registration

For company registration in India the applicant should provide director and shareholder documents along with the proof of registered office address. Here is a list of the required documents for company incorporation:

Passport size photos of directors and shareholders
PAN card of all the directors
Aadhar, driver license, passport or voter ID of the directors
Proof of residence
NOC of the registered office address
Utility bills for registered office proof
Memorandum of Association (MOA)
Articles of Association (AOA)
Director and Shareholder Details
Digital Signature Certificate (DSC)
Director Identification Number (DIN)

Note: The documents may vary based on the type of company you are planning to register. . For more detailed information get in touch with our experts today.

Step-by-Step Company Registration Process

Procure your DSC and DIN

File , MoA, AoA, PAN,TAN and Get incorporation certificate

1.Name Approval Process

Our team will assess your company’s requirements. As per the need we will file a RUN form or SPICe-A form. Post name approval our team will file SPICe-B form.

2. Get Your Digital Signature Certificate (DSC) and Director Identification Number (DIN)

We help you to procure your Director Identification Number (DIN) and Digital Signature Certificate (DSC), which are essential for online transactions and document filing

3. Filing and Incorporation

We will file your Incorporation Documents like MoA, AoA, Spice+ form and will make sure that your company gets its PAN and TAN ensuring all necessary paperwork is submitted accurately. MCA provides the incorporation certificate post registration.

Types of Company Registration

Under the Companies Act of 2013 different types of business entities can be registered. Each and every business entity has its own set of benefits and drawbacks. Here is a complete outline of different business entities and their corresponding information.

	Pvt. Limited Company	One Person Company	Limited Liability Partnership	Partnership Firm	Proprietorship Firm
Compliance Requirement	companies Act, 2013	companies Act, 2013	Limited Liability Partnership Act, 2008	Indian Partnership Act,1932	No specified Act
Registration	Mandatory	Mandatory	Mandatory	Optional	No
Number of Owners	2 -200	Only 1	2 - Unlimited	2 -50	Only 1
Separate Legal Entity	Yes	Yes	Yes	No	No
Liability Protection	Limited	Limited	Limited	Unlimited	Unlimited
Statutory Audit	Mandatory	Mandatory	As Applicable	Not Mandatory	Not Mandatory
Ownership Transfer	Yes	Yes (Restricted)	Yes	Yes (Restricted)	No
Perpetual Existence	Yes	Yes	Yes	No	No
Foreign Ownership	Allowed	Not Allowed	Allowed	Allowed	Not Allowed
Taxation Liability	Moderate	Moderate	High	High	Low
Compliance Requirement	High	High	Moderate	Low	Low

Compliance Requirement

companies Act, 2013

Registration

Mandatory

Number of Owners

2 -200

Separate Legal Entity

Yes

Liability Protection

Limited

Statutory Audit

Mandatory

Ownership Transfer

Yes

Perpetual Existence

Yes

Foreign Ownership

Allowed

Taxation Liability

Moderate

Compliance Requirement

High

Choosing the Right Business Structure

It is crucial to select a proper business structure to avail multiple benefits from incorporation. Based on the type of business structure, compliances vary greatly. For instance, a sole proprietorship company is required to file only the income tax return; a private limited company has to file annual returns and income tax returns with the ROC. You can choose the structure of your company based on the total number of partners or owners involved. Also, the initial investment or initial payment made to start your business also plays a crucial role. You can register your company as a sole proprietorship partnership, LLP, OPC, Section 8 or a private limited company.

Cost of Company Registration

The overall cost of registering a company in India includes government fees, professional fees, DSC cost, and stamp duty. The cost may vary from one type of company to another. Get in touch with our incorporation experts to know how much it will cost you to incorporate your company.

Post-Registration Compliance

After registering your company in India, it is crucial to follow all the post-registration company compliances. Based on the type of company with which you have registered, the compliances vary. However, performing a statutory audit, filing annual returns, staying abreast of ROC compliance, maintaining statutory registers, and filing your GST returns are some of the post-registration compliances that you should not miss.

Annual Compliance

Annual filings, Audits, and entity-specific regulatory compliance, such as ROC filings and Tax audits

Accounting & Book keeping

Accounting, tax planning, GST compliance, income tax filing, and financial record-keeping aligned with current accounting standards

Other registration

MSME, IEC, ISO, FSSAI [Food License], Apeda RCMC, Liquor license, Firearm license

Corporate Secretarial

Meetings, Governance compliance, Regulatory filings, Expert board advisors

How to Secure Your Company Name?

Selecting the right company name makes a major difference in business strategy. As per law, the company name should reflect the principle activity of the business. At any cost, the company name should not contain words prohibited under the names and emblems act. The company name should be unique and not similar or identical to the names of the existing registered companies. The company name should be registered using the Spice + application on the MCA portal. A maximum of at least two names can be applied to the spice + form. The ROC will approve the company name after verifying the application.Note that the proved name will be reserved for 20 days from the approval date. Within those 20 days, the applicant should file Spice + Form b. If the Spice Plus form part B is not filed within the provided time frame, the application will be rejected, and the process has to be initiated from the beginning.

How Vakilsearch Helps in Simplifying Company Registration Process?

Vakilsearch stands out for simplifying the company registration process by offering expert guidance, a user-friendly online platform, and personalized solutions. Businesses benefit from our expert assistance in document preparation, transparent pricing, and timely updates on registration progress. Vakilsearch's commitment to legal compliance ensures that businesses navigate complexities seamlessly, receiving post-registration support for ongoing compliance requirements. With a focus on accessibility and technology, we empower businesses to complete the registration process efficiently, allowing them to concentrate on their core operations with confidence in their legal standing.

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Authors

Written by Nithya, Reviewed by Vainavi. Last updated on May 28 2024, 11:21 AM

Vainavi Jalandhar excels in Corporate Law Matters and Debt and Money Recovery. She offers assistance in company incorporation both domestically and internationally, along with partnership firm registration. Additionally, she provides advisory services on compliance and LLP registration in India.

Nithya Ramani Iyer, a criminologist and writer, serves as the SME and manages communications at Vakilsearch. Drawing from her experience at Seasearch Intelligence and Legal domains, she enriches our content with insightful perspectives.

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Company Registration in India

Rachna Pathania

Rachna Pathania

Private Limited Company Registration

Limited Liability Partnership (LLP) Registration

One Person Company (OPC) Registration

Sole Proprietorship Registration

Nidhi Company Registration

Producer Company Registration

Partnership Firm Registration

Startup India Registration

Company Registration in India

Advantages of Registering a Company

Senior Expert Support

Complete Documentation Support

Quick Name Registration and MCA Filing

Completely Online and Transparent Process

Support for Bank Account Opening and Post-Incorporation Compliances

Senior Expert Support

Complete Documentation Support

Quick Name Registration and MCA Filing

Completely Online and Transparent Process

Support for Bank Account Opening and Post-Incorporation Compliances

Eligibility Criteria for Company Registration

Checklist for Company Registration

Required Documents for Company Registration

Step-by-Step Company Registration Process

1.Name Approval Process

2. Get Your Digital Signature Certificate (DSC) and Director Identification Number (DIN)

3. Filing and Incorporation

Types of Company Registration

Choosing the Right Business Structure

Cost of Company Registration

Post-Registration Compliance

Annual Compliance

Accounting & Book keeping

Other registration

Corporate Secretarial

How to Secure Your Company Name?

Company Registration FAQs