PROCEDURE FOR ONLINE REGISTRATION OF A COMPANY : The steps required for online registration of company.
PROCEDURE FOR ONLINE REGISTRATION OF A COMPANY
To register a company, you need to first apply for a Director Identification Number (DIN) which can be done by filing e-Form for acquiring the DIN. You would then need to acquire your Digital Certificate and register the same on the portal. Thereafter, you need to get the company name approved by the Ministry. Once the company name is approved, you can register the company by filing the incorporation form depending on the type of company.
The procedure of online registration of the company is as follows:
Application for DSC (Digital Signature Certification)
The first step in making an application for company registration is applying for a Digital Signature Certificate (DSC). A digital signature certificate is a legal document which is used for verification of information. Usually the digital signature certificate is used for signing some electronic documentation. Hence, when incorporating a company, it is to be remembered to apply for the DSC with the Ministry of Corporate Affairs (MCA).
The Information technology Act 2000 provides for the use of Digital Signatures on the documents submitted in electronic form in order to ensure the security and authenticity of the documents filed electronically. Digital Signature Certificates (DSC) are the digital equivalent of physical or paper certificates. This is the only secure and authentic way that a document can be submitted electronically. A licensed Certifying Authority (CA) issues the digital signature. Certifying Authority (CA) means a person who has been granted a license to issue a digital signature certificate under Section 24 of the Indian IT-Act 2000. Following documents are required for acquiring the DSC:
- Identity proof (any of the following): Permanent Account Number card, driver’s license, passport, or voter card;
- Residence proof (any of the following): Driving license, passport, voter card, telephone bill, ration card, electricity bill, bank statement;
- Prescribed application form containing details like Applicant name, Address with Pin Code, DOB, PAN no., Validity for which the DSC is required, E-mail Id, Contact Details.
Application for DIN (Director Identification Number)
Once you have applied for the DSC, it is crucial to apply for the director identification number also known as DIN.
DIN would indicate that all compliances have been met by the company when recruiting a director. The applicant for company registration has to apply for the director identification number for the company.
The Director Identification Number (DIN) is an identification number for a director and it has to be obtained by anyone who wants to be a director in a company. The DIN of all the proposed directors of the company along with the name and the address proof are to be provided in the company registration form. DIN can be obtained while filing the SPICe+ form, i.e. company registration form.
SPICe+ is a web-based company registration form, through which DIN can be obtained for a maximum of three directors. If there are more directors in the company and they do not have a DIN, the company can be incorporated with three directors and it has to appoint new directors later on after incorporation. The appointed directors can obtain DIN by filing the DIR-3 form since only the proposed directors of an existing company can apply for DIN in the SPICe+ form.
Name Availability of Company
Next step is to check the company name. This process is mandatory under company registration. When you check the name of the company, the portal will intimate you if the name is already chosen and if it goes against any provisions of intellectual property law in force in India. Checking the name availability of the company can be carried out online on the MCA portal.
Filing Memorandum of Association and Articles of Association Online
The applicant for company registration has to file documents such as the memorandum of association and articles of association online. Filing these documents would provide legal certainty of formation of the company. This process must be carried out through the Ministry of Corporate Affairs Portal.
Application for PAN and TAN
After all filings are complete, the applicant must consider applying for securing a PAN and TAN number.
Certificate of Incorporation
Once the above process is over, the MCA and ROC will review the application and if there are no issues, then a certificate of incorporation would be granted to the applicant. The certificate of incorporation is a legal document which provides some form of legal status to the company.
Online Company Registration: Documents required
There are certain essential documents that are required for the registration process. They are as follows:
- Copy of PAN Card or Passport of directors (Foreign Nationals &NRIs)
- 2 Passport size photographs of directors of the company
- ID proof such as Aadhaar Card or Voter identity card of directors
- Copy of address proof rent agreement or property papers
- Electricity or Water bill of company place
- Landlord NOC in case of rented office
- In the case of personal property, a copy of sale deed or property deed
- For foreign nationals, a notarized copy of the passport must be submitted mandatorily. Only valid documents need to be submitted. The residence proof documents like a bank statement or electricity bill must be less than two months old.
- Registered Office Proof
When all these requirements have been complied, the Registrar of Companies (ROC) registers the company and issues a certificate of incorporation in regards to the company that brings the company into existence in the eyes of law, as a legal entity in India. This makes the company bound to all Indian laws and regulations as are applicable to other domestic companies.