How to Register a Company in India: A Comprehensive Guide

October 1, 2024
how to register a company in india
Quick Summary

Quick Summary

  • Selecting the appropriate business structure (like Private Limited Company, LLP, etc.) is crucial as it impacts liability, credibility, access to funding, and tax advantages.
  • Registering a company in India offers enhanced credibility in the eyes of clients, partners, and investors, facilitating easier access to funding.
  • Getting registered with the government for you startup is not an easy forte, however, if you know the right steps and necessary documents you need your work becomes a lot easier. 

Table of Contents

Are you ready to start your business? You must have ticked all the tasks in to-do-list from brainstorming, planning and executing every task. Now what remains is how to register a company in India, and don’t worry you’ll get your answers here. Company registration is one of the most important tasks for starting a long-lasting business, it not only acts as a nod from the government itself but also establishes you as a trustworthy organization in the public eye.

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There are around 1.51 million registered companies in India as of 2023, this itself shows how crucial it is for businesses to be registered under the law. However, there are certain steps that need to be followed in order to get your company registration in India. Here in this article, you’ll get to know how to register a company in India and all the details related to it.

Choose Your Business Structure

To register a company in India, select the appropriate business structure. It should align with your company’s objectives. Let’s see the different business structures to choose from for Indian company registration:

1. Proprietorship

  • A sole proprietorship is a company run and owned by one person.
  • It is a dangerous choice for larger enterprises.
  • This is because it provides total power, freedom, and infinite responsibility.

2. Partnership

  • A company owned and run by two or more partners is called a partnership firm.
  • It allows for shared responsibility and control. But, restricts financial availability. And, raises the possibility of partnership disagreements.

3. Limited Liability Partnership (LLP)

  • This hybrid business structure combines the advantages of corporations and partnerships.
  • It provides its partners with limited liability protection.
  • It also provides simpler access to financial sources.

4. Private Limited Company

  • An independent legal organization that is run and owned by shareholders.
  • It provides its stockholders with limited liability protection. Plus, credibility in the eyes of clients and investors. Also simpler access to funding options.

5. One Person Company (OPC)

  • This is a company structure created for a single person.
  • This provides credibility, limited liability protection, and simpler access to funding options.

Related Read: Types of Companies in India and Their Distinct Features

Why Choosing the Right Business Structure Important?

Before you think about how to register a company in India, you need to understand its importance. Making the appropriate business structure choice is a critical choice. It can affect your company’s long-term performance.

Many advantages can be attained with the appropriate corporate structure. This includes limited liability protection, credibility, and simpler access to finance sources. Yet, choosing the incorrect business structure can greatly impact your company. This may lead to issues like partner disagreements, personal liability, and funding limits.
Importance of choosing the ideal business structure for company registration in India:

  1. Use a Private Limited Company or LLP as your business structure. This might help you appear more credible to clients, partners, and suppliers.
  2. A Private Limited Company or LLP has greater access to funding opportunities.
  3. Selecting the appropriate business structure might result in tax advantages. This includes reduced tax rates or deductions.
  4. Choosing the appropriate business structure will help you meet the necessary compliance standards.

How to Register a Company in India?

1. Get Right Paperwork

A DIN ( Director Identification Number ) is a special identification number given to directors. And, a DSC ( Digital Signature Certificate) is a digital signature. This is used to sign papers electronically. These are available from organizations recognized by the government online.

2. Request the Availability of the Company Name from the Registrar of Companies (RoC)

The firm name should be distinctive. And, the MCA21 portal allows users to check for availability.

3. Articles of Association (AoA) and Memorandum of Association (MoA) to the RoC

The company’s goals, organizational structure, and rules and regulations are described in the MoA and AoA. These are legal agreements. Legal experts can draft these, or you can use online templates.

4. Get the RoC’s Certificate of Incorporation (COI)

  1. The RoC accepts the MoA and AoA.
  2. The CoI is granted.
  3. The company is officially established.
    The registration procedure may differ based on the type of business structure selected. This includes PLC, LLP, or a proprietorship company. Thus it is vital to keep this in mind.

Documents Required to Register a Company In India

1. Identification Proof

As evidence of your identity, you must provide a copy of your PAN card, Aadhaar card, or passport.

2. Proof of House

You must provide documentation of your address. It should be in the form of a copy of your voter identification card, passport, or driver’s license.

3. Passport-sized Photos

You must submit passport-sized images of your company’s directors and shareholders.

4. Memorandum of Association (MoA)

The MoA is a formal document outlining the goals and operations of the firm.

5. Articles of Association (AoA)

The AoA is a legal document that outlines the policies and procedures. These policies control the corporation’s internal operations.

6. Registered Office Address Proof

You must provide evidence of your company’s registered office. This includes a rental agreement or a property tax receipt.

7. DIN Number

You must get a Director Identification Number (DIN) for each company’s directors.

8. DSC Certificate

You’ll need a digital signature certificate (DSC) to sign papers electronically during registration.

9. Copy of the Board Resolution

Get a board resolution authorizing a director to sign.

10. Incorporation Certificate

Submit a copy of the certificate of incorporation.

A Part-time Job that Pays like Full-time

Benefits of Company Registration in India

The following are some benefits of registering a business in India:

  1. A registered business is a distinct legal entity from its founders. It minimizes the owner’s liability and protects their own assets.
  2. A registered business is eligible for several government-sponsored tax breaks and incentives. These advantages may help the business pay less in taxes and make more money.
  3. Registered businesses are seen as more reliable than unregistered ones.
  4. Registered businesses have access to several funding options. This includes bank loans, angel investors, and venture capital. The money will enable the business to develop and prosper.
  5. Registering a business grants its brand name, logo, and trademark legal protection. The company’s brand may not be exploited by third parties thanks to this protection.
  6. A registered business offers its stockholders limited liability. They are not accountable for any obligations or liabilities over the amount of their investment in the company.

How to Register a Company in India Online?

For online company registrations, one needs to follow these steps. Businesses can register their corporations online through “MCA21”. This is a web service created by the Ministry of Corporate Affairs (MCA). Here is a step-by-step tutorial for online business registration:

1. Get a Digital Signature Certificate (DSC)

You’ll need a DSC to sign papers electronically during the registration procedure. A DSC is available through certifying organizations.

2. Get a Director Identification Number (DIN)

If your firm intends to have directors, they must get a DIN. With the MCA21 portal, a DIN application can be made.

3. Choose a Name for Your Business

Your company name must be original and not taken. Through the MCA21 portal, you can look up available names. The MCA21 site allows you to register your business. You’ll need to complete the necessary paperwork. And then pay the registration fee.

4. Get a PAN (Permanent Account Number) and TAN (Tax Account Number)

You’ll need these numbers for tax purposes. On the NSDL portal, you can apply for them. You must register for GST if your business has a turnover of more than Rs. 20 lakhs. By using the GST portal, you can register. To conduct business, you must have a bank account in your firm’s name.
You need certain permits and licenses. Even when you are going for company registration online. You might need to apply for licenses and permits from local or state authorities.

How to Register a Private Limited Company in India?

Thinking about how to register a company in India from a Pvt. Ltd. . company’s perspective? Here are step-by-step instructions for setting up a private limited company in India:-

1. Get a Digital Signature Certificate (DSC)

You’ll need a DSC to sign papers electronically. A DSC is available through certifying organizations.

2. Get a Director Identification Number (DIN)

If your firm intends to have directors, they must get a DIN. Through the Ministry of Corporate Affairs (MCA) website, you can request a DIN.

3. Choose a Name for Your Business

Your company name must be original and not taken. The MCA website has a list of names that are currently available.

4. Drafts of the Company’s Articles of Association (AoA) and Memorandum of Association (MoA)

AOA sets forth the company’s internal rules and regulations. The MoA describes the company’s goals and activities.

5. File for Incorporation

The MCA website is where you can file for incorporation. You’ll need to complete the necessary paperwork. And, then pay the registration fee.

6. Get a Certificate of Incorporation

The Registrar of Companies will issue you a Certificate of Incorporation. This is proof of incorporation for your company.

7. Get a PAN (Permanent Account Number) and TAN (Tax Account Number)

You’ll need these numbers for tax purposes. On the NSDL portal, you can apply for them. You must register for GST if your business has a turnover of more than Rs. 20 lakhs. By using the GST portal, you can register.
To conduct business, you must have a bank account in your firm’s name. You might need to apply for licenses and permits from local or state authorities.

How to Register a Proprietorship Company In India?

How to start a company in India if you want to go for a proprietorship company? A step-by-step tutorial for creating a proprietorship company in India is provided below:

1. Pick a Company Name

There are no specific naming requirements for proprietorship companies. So you can choose any name for your company.

2. Get Required Licenses and Permissions

You might need to apply for licenses and permits from local or state authorities. It depends on the nature of your business operations.

3. Register for Goods and Services Tax (GST)

You must register for GST if your business has a turnover of more than Rs. 20 lakhs. By using the GST portal, you can register.

4. Establish a Bank Account

To conduct business, you must have a bank account in your firm’s name. You must have a Permanent Account Number (PAN) for tax purposes. You can apply for one on the NSDL portal.

5. Register for Professional Tax

Register with the local authorities for Professional Tax. This is mandatory if you have employees.

6. Get a Shop and Establishment License

Apply for a Shop and Establishment License with the local government. Compulsory if you have a physical location.

7. File Income Tax Returns

You must file income tax returns for your company every year. Proprietorship Businesses do not have limited liability. This means the owner’s private assets are not safeguarded in case of legal problems or debt. This is an important point to remember when thinking about how to register a business in India.

Also Read: How to Start a Business : 11 Steps to Get Your Business Up and Running

How to Register a Start-up Company in India?

Here a step-by-step instructions on how to register a company in India for startups:

1. Choose a Business Structure

Depending on your needs, you can select any business form. This includes a Pvt. Ltd. company or an LLP, or a One Person Company.

2. Take part in Startup India

The Startup India program can offer several advantages. This includes tax breaks and investment possibilities. On the Startup India website, you can register.

3. Choose a Name for Your Business

Your company name must be original and not taken. On the Ministry of Corporate Affairs (MCA) website, you can look up names that are still available.

4. File for Incorporation

You can file for incorporation on the MCA website. You’ll need to complete the necessary paperwork and pay the registration fee.

5. Get a Certificate of Incorporation

The Registrar of Companies will issue you a Certificate of Incorporation once your company has been incorporated.

6. Get a PAN (Permanent Account Number) and TAN (Tax Account Number)

You’ll need these numbers for tax purposes. On the NSDL portal, you can apply for them.

7. Register for Goods and Services Tax (GST)

You must register for GST if your business has a turnover of more than Rs. 20 lakhs. By using the GST portal, you can register.

8. Establish a Bank Account

To conduct business, you must have a bank account in your firm’s name.

9. Get Licenses and Permissions

You might need to apply for licenses and permits from local or state authorities. It depends on the nature of your business operations.

Sealing the Deal

Getting registered with the government is not an easy forte, however, if you know the right steps and necessary documents you need your work becomes a lot easier. This article aims to help you businesspeople know what you need to do and what you need to do in order to register a company in India. Now, get started and take your first step towards making your business a government-registered business.

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Frequently Answered Questions(FAQs)

How much does it cost to register a company in India?

An LLP registration costs between Rs. 5,000 and Rs. 25,000, while a Private Limited Corporation registration ranges from Rs. 10,000 to Rs. 50,000. Prices may vary based on location and registration complexity.

Can I Register the company myself in India?

You can set up a business on your own in India. It is crucial to ensure all required paperwork and compliance standards. This is to avoid legal problems.

How do you register a small company in India?

Choose a business form such as Pvt. Ltd. Company or LLP and complete essential registration procedures for small businesses in India. Gather necessary paperwork, submit it through the Ministry of Corporate Affairs website, and pay required registration fees.

Which is better, Pvt Ltd or LLP?

Your business needs determine if a Pvt Ltd or LLP is suitable. An LLP offers management flexibility with fewer regulations but less control over profit distribution. Assessing each structure’s pros and cons and seeking advice from legal or financial professionals is crucial.

What is the cost of GST registration?

In India, registering for GST is free of charge. But, if you need help with the registration process, you could hire GST consultants.

Can a single person register a company?

A single person may register a business in India using the One Person Company (OPC) legal framework. The OPC structure permits a single individual to incorporate a company. This was adopted in 2013 to promote entrepreneurship.

What is the minimum turnover for a Pvt Ltd company?

A private limited company in India has no minimum turnover requirement but must comply with various standards, such as appointing an auditor and submitting annual financial statements. Ensuring full compliance helps the company avoid legal issues.

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