A Checklist of the Documents Needed for the Registration of a Company in India
The key prerequisite for beginning a business in India is to have the necessary documentation for incorporation. Without submitting these documents along with the application to register a company with the ROC, the application will be considered incomplete. The ROC registration of a company is essential. Below you will find a list with descriptions of each of the documents that are necessary for the registration of a company in India. Before going to the ROC to get your company registered, you need to make sure that these paperwork have been prepared and drafted.
Records of the Company’s Founders and Directors
The “Know Your Customer” documents of the firm’s promoters are part of the initial set of documents that must be submitted in order to register a company in India. The earliest shareholders and directors of a company are called “promoters.” Promoters are those who are involved in the founding of the firm and have some stake in the company’s operations. All of these promoters will be required to produce scanned copies of the following documents, along with a self-attested copy of each one:
- PAN Card
- Aadhar card
- As a form of identification, Indian promoters can present either their driver’s licence, their voter identification card, or their passport. Passports are required in the case of foreign promoters.
- For the purpose of providing evidence of their address, promoters may present any utility bill or bank statement in their name that bears their address. The proof of address can’t be older than two months at the most.
- Digital Signature–Class 3 Digital Signature of the Authorised Director to Sign the Application for Company Registration in the Case of a Digital Signature.
Records from the Company’s Registered Office
The documents pertaining to the Registered Office are the next piece of paperwork that must be submitted in order to successfully register a company in India. The address of an office that will serve as a business’s registered office must be provided when the firm is incorporated. This address is recognised throughout all available public records as the correspondence or communication address for the company. During the process of incorporation, you are required to submit the following documents relating to the Registered Office:
- Proof of Registered Office Address – For this reason, you can produce any utility bill in the Company’s name that includes the registered office address. It is required that the Address Proof be no more than two months old.
- No Objection Certificate- A No Objection Certificate is required to be granted by the owner of the office property, and it must be in a downloadable format that has been prescribed.
The Company’s Constitution and Related Documents
Finally, in order to register a corporation in India, there are specific legal documents that need to be created in the appropriate format. We have an experienced team in order to provide companies with assistance in this area. These papers, which are written on stamp paper with the required value, are used to create the company’s legal identity and are filed away. In addition, they have to be signed by all of the shareholders in the company in the presence of a public notary, as well as two other witnesses. The notary should affix their stamp to the documents so that they can be validated further. The following is a list of the documents that make up a company’s constitution:
Memorandum of Association: A company’s memorandum of association is also referred to as its “charter” because it contains the most essential legal basic facts for the company. It is broken up into numerous clauses so that these particulars can each be highlighted in their own right. The memorandums of both a private limited and public limited company each contain six provisions, whereas the memorandum of a one-person company contains seven clauses. To facilitate a better grasp of the situation, each of these clauses is presented in full below.
Name Clause: Mentions the name that has been approved for use by the corporation in its entirety.
The Registered Office Clause specifies the state in which the company’s official headquarters are located.
The object clause provides information on the major business activity or activities carried out by the company. The goal of a company must be in compliance with Section 8 of the Companies Act in order for the firm to be considered a section 8 company.
Clause Regarding Liability: This clause discusses the liability of the corporation, which is:
Capital Clause: The information regarding the Authorised and Subscribed Capital of the Company can be found in this clause.
Nominee Clause, is applicable only in the case of a one-person company. It provides information about the Shareholder’s Nominee, who would take his place in the event of his passing or departure from the company.
The company’s internal management is governed by a set of rules and regulations that are outlined in the company’s articles of association. These regulations are unique to each company, and their establishment is left up to the company’s top management personnel. Some of the major laws include the procedure for admitting a new shareholder, the grounds for removing an existing shareholder, the manner in which shares can be transferred and transmitted, the convertibility of shares, the procedure for winding up the company, and other similar rules.
Declarations and Other Documents
During the process of incorporating a company, in addition to the documents listed above, certain forms and declarations must also be presented. The following is a list of the forms and documents that need to be completed:
INC 9 – INC 9 is a declaration that is given by the shareholders and first directors of the company, affirming that they have not been convicted of any legal offence in the past, have not been found guilty of breach of duty or violation of the Companies Act, and that the documents and information submitted with the company registration form are true to the best of their knowledge. INC 9 is a declaration that is given by the shareholders and first directors of the company.
INC 14 – INC 14 is a declaration that is given by a practising professional, which may be an advocate, chartered accountant, cost accountant, or company secretary, certifying that all of the provisions, rules, and regulations of the Companies Act and Company (Incorporation) Rules have been complied with during the process of drafting the MOA and AOA for the company, as well as submitting the application for incorporation. INC 14 is required in order to incorporate a company in India.
The DIR 2 form is the document that individuals who wish to be appointed as directors of a corporation use to provide their approval to having that position created. In order to tell the ROC that the approval of the directors has been obtained prior to their definitive appointment in the business, the form is required to be presented alongside the application for company registration.
Conclusion
It is impossible to overestimate the significance of the documents that are necessary for the formation of a company in India. These documents, which serve as the connecting link between your objectives as an entrepreneur and your obligation to conform to the law, pave the way for a successful and legally compliant foundation of a firm. You are prepared to start the process of company formation with ease and accuracy if you have a full understanding of the numerous documents that are required for business registration. These documents include promoters’ KYC, proofs of registered office, company constitution, and declarations. Do not be reluctant to seek our support in the event that you run into any problems!
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