GST Fyling - Simplifying Taxes, Empowering Businesses.

Consulting services can provide valuable insights, strategic guidance, pecialized

88888 77777

gstfyling@gmail.com

Opposite Nandan Palace, Oberia Road, Hatia, Ranchi - 834003

Welcome to GST Fyling - Simplifying Taxes, Empowering Businesses.

GST ADVISORY

Talk to Experts Instantly at India’s Most Trusted Tax, Compliance & Investment Platform

Financial consulting services provide expert advice on managing wealth investments, taxes, and other financial aspects

GET START
For Expert Consultancy

Get in Touch

Company Law in India

Company law in India, governed by the Companies Act, 2013, regulates the formation, operation, and dissolution of companies. The Act is administered by the Ministry of Corporate Affairs (MCA) and establishes the business operations. It focuses on ensuring compliance with statutory obligations, maintaining transparency, and defining accountability structures within the context of legal requirements.

While the Companies Act, 2013, lays the groundwork for governance from a legal perspective, sector-specific governance requirements may also fall under the purview of other regulatory bodies, such as the Securities and Exchange Board of India (SEBI) or the Reserve Bank of India (RBI). These authorities oversee specific industries, ensuring that entities operate according to their respective frameworks in addition to the broader provisions of the Companies Act.

What is Company Incorporation in India?

In India, incorporation of a company is the legal process of forming a corporate entity under the Companies Act, 2013. This process involves registering the company with the Ministry of Corporate Affairs (MCA), after which the company becomes a separate legal entity, distinct from its owners, and is recognized by law.

Incorporation applies to entities such as Private Limited Companies (Pvt Ltd), Public Limited Companies, Limited Liability Partnerships (LLP), One Person Companies (OPC), and Section 8 Companies. It does not apply to unincorporated entities like sole proprietorships or general partnerships.

Company structures in India

Start your business seamlessly with expert guidance. Whether you're forming a private limited company, LLP, or any other entity, we ensure a hassle-free process by managing everything from documentation to government approvals.

Company Type Description
Private Limited Company Registration Ideal for startups, offering limited liability and simplified venture capital raising. Secure investor funding effortlessly and protect your personal assets.
Limited Liability Partnership (LLP) Registration LLP combines limited liability with operational flexibility. Perfect for small businesses and professionals seeking liability protection without the rigid corporate structure.
One Person Company (OPC) Registration OPC is the ideal choice for solo entrepreneurs, offering limited liability and a corporate structure without the need for partners.
Sole Proprietorship Registration A sole proprietorship is the simplest business structure, ideal for small businesses. Enjoy full control, minimal compliance, and easy setup.
Nidhi Company Registration Nidhi Company is perfect for promoting savings and lending among members. Experience simplified registration and full compliance with government regulations.
Producer Company Registration Tailored for agriculture-based businesses, Producer Company supports farmers and rural producers. Gain legal recognition with an easy setup and operational benefits.
Partnership Firm Registration Simple and flexible, a Partnership Firm is ideal for small businesses. Easily formed with minimal compliance, allowing shared responsibility. Register your firm quickly and start operating!
Startup India Registration Register your firm under the Startup India scheme. Enjoy tax exemptions, funding opportunities, and simplified compliance. Start today and accelerate growth!

Comprehensive professional services for your business. From intellectual property protection to contract drafting and more, our expert legal team supports your ongoing operations.

Service Description
Digital Signature Certificate Streamline documentation, ensure compliance, and Secure Digital Signature Certificate with Vakilsearch today.
IEC [Import/Export Code] Get your IEC application submitted within two days at the DGFT office – guaranteed.
Udyam Registration Udyam registration online by experts, ensuring timely delivery of your Udyog Aadhar.
MSME Registration Boost your startup with official recognition. Opt for quick MSME online registration today.
ISO Certification Secure your ISO certification online with expert assistance, highlighting your dedication to quality.
FSSAI [Food License] Get your basic, state, or central in just 3 working days. FSSAI Renewal and modification done in just 48 hours.
Apeda RCMC Opt for quick Apeda RCMC registration with expert assistance. Gain access to global markets.
Spice Board Registration Register effortlessly for Spice Board certification, ensuring industry-standard compliance and backed by complete expert support through our streamlined online process.
FIEO Registration FIEO-RCMC registration done in 3 steps by top legal experts. RCMC certificate delivered directly.
Legal Metrology Seamless meteorology registration with expert guidance and support.
Hallmark Registration Expert assisted simplified process for Hallmark registration, guaranteeing adherence to quality standards.
BIS Registration Avail seamless BIS registration services and gain access to the global market with quality certification.
Liquor License Hassle-free procurement of liquor licenses with expert guidance on application and compliance.
CLRA Registration & Licensing Expert assisted CLRA compliance, documentation & application
AD Code Registration Ensure compliance for international trade. Opt for smooth registration process for AD Code.
IRDAI Registration Expert-guided IRDAI registration filing and compliance support assured.
Drug & Cosmetic License Get your drug license without much hassle. Online filing and processing done by legal experts

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)

Company Registration Process - Step-by-Step

Step 1: Choose a Business Structure

The first decision is selecting the type of business entity you wish to register. In India, there are six main types:

  • Private Limited Company (Pvt Ltd): Ideal for startups, offering limited liability protection.
  • Limited Liability Partnership (LLP): Combines the flexibility of a partnership with the benefits of limited liability.
  • One Person Company (OPC): Suitable for solo entrepreneurs who want limited liability.
  • Public Limited Company (PLC): Designed for larger businesses aiming to raise capital from the public.
  • Sole Proprietorship: Simple structure with full control but unlimited liability.
  • Partnership Firm: Best for small businesses with shared responsibilities.

Step 2: Obtain Director Identification Number (DIN)

The Director Identification Number (DIN) is mandatory for anyone who wishes to be a director in the company.

How to Apply:

  • Apply for DIN online via the Ministry of Corporate Affairs (MCA) portal.
  • Use the SPICe+ form (Simplified Proforma for Incorporating a Company Electronically) during the company registration process.

Step 3: Obtain Digital Signature Certificate (DSC)

A Digital Signature Certificate (DSC) is required to sign forms electronically on the MCA portal.

  • How to Obtain: Get a DSC from government-approved Certifying Authorities (e.g., eMudhra, Sify, Ncode).
  • Documents Required: PAN card, Address proof, and a passport-size photo.

Step 4: Choose a Unique Company Name

Select a name that aligns with your brand and complies with MCA guidelines.

Ensure the name:

  • Is unique and not similar to existing company names.
  • Does not infringe on trademarks.
  • Complies with the Companies (Incorporation) Rules, 2014.

Step 5: Apply for Name Approval

Once you have selected a name, you need to reserve it.

  • Use the RUN (Reserve Unique Name) service on the MCA portal.
  • Have a few alternatives ready in case your first choice is unavailable.
  • Approved names are valid for 20 days.

Step 6: Prepare Memorandum and Articles of Association (MOA & AOA)

These legal documents define your company's purpose, structure, and operating rules.

  • Memorandum of Association (MOA): Specifies the company’s objectives and activities.
  • Articles of Association (AOA): Defines the company’s internal rules and regulations.
  • These documents must be signed by directors and shareholders.

Step 7: Obtain Consent and Declarations

Before filing for incorporation:

  • Directors and shareholders must provide their consent to act in their roles.
  • Obtain declarations regarding compliance with legal requirements.
    1. Form INC-9 for directors' declarations.
    2. Consent forms like DIR-2.

Step 8: File Incorporation Documents

This is the most crucial step where all necessary documents are submitted online via the SPICe+ form on the MCA portal.

  • Documents to Attach:
    1. MOA & AOA.
    2. DIN & DSC for directors.
    3. Address proof for the registered office.
    4. Identity and address proofs for directors and shareholders.
  • Additional Forms:
    1. Form INC-9 for directors' declarations.
    2. Consent forms like DIR-2.
  • AGILE-PRO-S: For registration of GST, EPFO, and ESIC.

Step 9: Pay Registration Fees

  • Fees are based on the authorized capital of the company.
  • Payment can be made online on the MCA portal.
  • The fee structure varies depending on the type of company and capital.

Step 10: Receive the Certificate of Incorporation

Upon successful verification of all submitted documents and payment:

  • The Registrar of Companies (ROC) issues the Certificate of Incorporation.
  • The certificate includes a Corporate Identification Number (CIN).
  • This marks the legal existence of your company.
Company Registration Certificate

Company Registration Certificate

A Company Registration Certificate serves as the official document proving your business's legal existence. Issued by the Registrar of Companies (RoC) under the Ministry of Corporate Affairs (MCA), this certificate not only confirms the incorporation of your company but also grants you the legal authority to operate in full compliance with Indian corporate laws.

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