REGISTRATION OF

COMPANY IN INDIA
Introduction
The Companies Act of 1956 sets down rules for
the establishment of both public and private
companies.

A company is formed by registering the

Memorandum and Articles of Association with
the State Registrar of Companies of the state in
which the main office is to be located.
Incorporating a company
The first step of incorporating a company is approval of the name by the
Registrar of Companies (ROC) in the State/Union Territory in which the
company will maintain its Registered Office.  there should not be an existing
company by the same name

the last words in the name are required to be "Private Ltd." in the case of a
private company and "Limited" in the case of a Public Company.

4 names are to be proposed by prefernces

 Memorandum and Articles
The Memorandum of Association is a document that sets out the constitution of
the company. It contains, amongst others, the objectives and the scope of activity
of the company

The Articles of Association contain the rules and regulations of the company for
the management of its internal affairs. While the Memorandum specifies the
objectives and purposes for which the Company has been formed.

The ROC will give the certificate of incorporation after the required documents
are presented along with the requisite registration fee, which is scaled according
to the share capital of the company, as stated in its Memorandum

A public company has the option of inviting the public for subscription to its
share capital. Accordingly, the company has to issue a prospectus, which provides
information about the company to potential investors. The Companies Act
specifies the information to be contained in the prospectus.
Certificate of Incorporation
the ROC scrutinizes the documents and, if necessary, instructs the authorised
person to make necessary corrections. 

Thereafter, a Certificate of Incorporation is issued by the ROC.

It takes one to two weeks from the date of filing Memorandum of Association and
Articles of Association to receive a Certificate of Incorporation.

Although a private company can commence business immediately after receiving

the certificate of incorporation, a public company cannot do so until it obtains a
Certificate of Commencement of Business from the ROC.
Miscellaneous Documents
Declaration of compliance, duly stamped 

Notice of the situation of the registered office of the company 

Particulars of Directors, Manager or Secretary 

Authority executed on a non-judicial stamp paper, in favour of one of the

subscribers to the Memorandum of Association 

The ROC’s letter (in original) indicating the availability of the name.
Tax Registration
Businesses liable for income tax must obtain a tax
identification card and number [known as Permanent
Account Number (PAN)] from the Revenue Department.

businesses liable to withhold tax must necessarily obtain a

Tax Deduction Account Number (TAN).

Both the PAN and the TAN must be indicated on all the
returns, documents and correspondence filed with the
Revenue Department. 
Enclosures

 The declaration must be submitted with the following

annexures  within 6 months of the name being made
available.
Document evidencing payment of fee 
Memorandum and Articles of Association 
Form 18 ,32 (except for section 25 company) 
 and29 (only in case of public companies) 
Power of Attorney from subscribers 
Letter from Registrar of Companies making names available 
No objection letters from directors/promoters 
Requisite fees either in cash or demand draft
 Declaration
The declaration has to be signed by an advocate of Supreme Court or
High Court or an attorney or pleader entitled to appear before the High
Court or a secretary or chartered accountant in whole-time practice in
India who is engaged in the formation of the proposed company or
person named in the articles as director, manager or secretary.
This declaration is to be given on a non-judicial stamp paper of the
requisite value . The stamp paper should be purchased in the name of
the person signing the declaration.
This declaration is to be given by all the companies at, the time of
registration, public or private.
This declaration is to be presented by the person signing the
declaration or by his bearer at the counter of the Registrar of
Companies office.
Form 1-Declaration of compliance with the requirements of the
Companies Act, 1956 on application for registration of a company
Form 18Notice of the situation / change of
situation of registered office
 Form 29Consent to act as director of a company
and/or undertaking to take and pay for qualification shares
Form 32Particulars of appointment of directors
and manager and changes among them