REGISTER A COMPANY IN INDIA IN 2021
In order to register a company online in India, we need to follow the following procedure / steps.
Table of Content
OBTAIN A DIGITAL SIGNATURE CERTIFICATE ( DSC )
ASSOCIATE A DSC
APPLY FOR DIRECTOR IDENTIFICATION NUMBER
OBTAIN COMPANY NAME
FILL INCORPORATION FORM (SPICE FORM NO. INC-32)
1. Obtain a Digital Signature Certificate (DSC) from a Certifying Authority
The first step is to apply for DSC There are basically 3 ways in which you can apply for DSC :
- Digital Signature Certificate (DSC) Applicants can directly approach Certifying Authorities (CAs) with original supporting documents, and self-attested copies will be sufficient in this case
- DSCs can also be obtained, wherever offered by CA ( Certifying Authority ), using Aadhar eKYC based authentication. Supporting documents are not required in this case
- A letter or certificate issued by a Bank containing the Digital Signature Certificate applicant’s information as retained in the Bank database can be accepted. Such letter or certificate must be certified by the Bank Manager .
Now by following the above procedures, we assume that you have obtained your Digital Signature Certificate.
2. Associate DSC
Now you have to register Director’s DSC on MCA portal ( http://www.mca.gov.in/ ) . On registration of your DSC, MCA system will verify the details of your DSC against your DIN or PAN depending on the case.
This information will be used to authenticate your digital signature for role check purpose. In case the person digitally signing the eForm as a Director is a practicing CA/CS/CWA, then you have to enter valid membership number while associating DSC.
Use the below link to Associate DSC on MCA Portal http://www.mca.gov.in/mcafoportal/showAssociateDSC.do
3. Apply for Director Identification number (DIN)
Application for allotment of DINs to the proposed first Directors in respect of new companies shall be made in SPICe (Simplified Proforma for Incorporating Company Electronically) form only. You have to fill the DIR-3 Form.
- DIR-3 Form: Any person intending to become a director in an existing company or a new company shall have to make an application in eForm DIR-3 for allotment of DIN.
The form can be downloaded from the below link : http://www.mca.gov.in/MCA21/dca/downloadeforms/eformTemplates/NCA/Form_DIR-3.zip
In case any change is needed to be made in the Director’s details in future, then you can fill DIR 6 Form.
- DIR-6 Form: Any changes in the particulars (such as address, email id,etc) of the directors shall be filed in form DIR-6.
The form can be downloaded from the below link : (http://www.mca.gov.in/MCA21/dca/downloadeforms/eformTemplates/NCA/Form_DIR-6.zip)
DIR-3 Form and DIR-6 Form shall be digitally signed by the applicant.
Note For Reference Purpose : Depending on the type of company you are planning to form, these are the minimum number of directors required :
- Public Company – 3 Directors
- Private Company – 2 Directors
- One Person Company – 1 Director
You have to self-register (sign up) in the MCA 21 application available at www.mca.gov.in to avail the MCA services like filing eForm and viewing public documents.
During successful registration you are assigned an User ID and Password or given an attempt to register your Digital Signature Certificate (DSC). In case you are a Company Director or a Professional User, you have to provide your DSC instead of password during registration.
You can then login to the MCA21 application with your user ID and password/DSC. Use the below link for registration / login : http://www.mca.gov.in/mcafoportal/loadUserRegistration.do?link=loadUserRegistration
5. Obtain Company’s name.
- You need to select your company’s name and get it approved by ROC ( Registrar of Company ).
One can check the availability of name of the company at MCA website. If the name has already been taken, you will have to choose a different Company name.
- A proposed name can be reserved for the purpose of incorporation of a company or change of name of an existing company through the RUN (Reserve Unique Name) service by logging into the MCA portal along with a fee of Rs. 1000/- ( as of January 2019 ).
- Furthermore, you can use the SPICe (Simplified Proforma for Incorporating Company Electronically) form for the integrated process of name reservation and incorporation of a company.
- Once approval is granted, rest of the incorporation procedure need to be completed within 20 days.
You may use the below link for RUN ( Reserve Unique Name ) service (http://www.mca.gov.in/mcafoportal/runService.do)
6. Fill Incorporation Form (SPICe form no. INC-32):
Now you have to fill the Incorporation form which can be downloaded from the below link : http://www.mca.gov.in/MCA21/dca/downloadeforms/eformTemplates/NCA/SPICe_help.zip
- EForm SPICe (INC-32) deals with the single application for reservation of name, incorporation of a new company.
- Download SPICe (INC-32) form from MCA website. Fill the details correctly with the help of instruction kit available with the form.
- It is mandatory to have PAN (Permanent Account Number) and TAN (Tax Deduction Account Number) of the company along with the incorporation process. In case you don’t have PAN & TAN you can apply it along with the Incorporation Form. Now, there’s no need to apply separately for PAN and TAN.
- Form Inc-32 must be accompanied with the following documents:
- Memorandum of Association (MoA): SPICe eMoA (INC-33) has to be filled for this attachment.
- Articles of Association (AoA): SPICe eAoA (INC-34) has to be filled for this attachment.
- Affidavit and Declaration by First Subscriber(s) and Director(s).
- Any other attachments (Optional).
Note : SPICe eMoA and eAoA shall be uploaded as ‘Linked Forms’ to SPICe (INC-32).
- If any one of the subscriber does not have a DIN, it is mandatory to attach proof of identity and residential address of the subscribers.
Also, If any of the directors (including subscriber cum director) does not have DIN, then it is mandatory to attach proof of identity and residential address of such director (including subscriber cum director) not having DIN.
- Declaration by professional:
- In the Declaration section, enter the applicant name and professional details.
- Select a professional (Chartered Accountant(CA)/ Company Secretary(CS)/ Cost Accountant(CWA)/ Advocate) from the drop down list who has been engaged for giving declaration and such declaration is then attached with the form.
- Enter valid membership number and certificate number of the practicing professional who has been engaged for the purpose.
- Signature: Ensure that the eForm is digitally signed by the Proposed Director using DSC.
Please note that even if none of the proposed directors have a valid DIN, then also the form can be digitally signed by the proposed Director after associating his / her DSC on the MCA21 system. Also, eForm has to be digitally signed by the professional giving declaration. A Professional who is signing SPICe Form as a Director, cannot again Sign the same form as a Professional.
- Upload the form on www.mca.gov.in.
- A challan will be generated automatically which is to be paid. Challan amount will be as per the services applied for.
Now the registration process is completed and CIN no. will be allotted thereafter.
The article has been written after a lot of research under the guidance of professionals. We would recommend you to understand the process further from a professional person for more clarification or you can comment below so that we can help each other and share knowledge.
This article can be used for reference purpose.