Starting a business or expanding in India has
always been tough for international firms; due
to the stringent protocols laid down by the
Indian Government. We make the company
registration procedure simple and hassle free
for our clients by offering an array of
affordable and specialized services like:
Registration of a Company, incorporating Branch
office, Joint Venture establishment, Liaison
Offices, acquiring licenses and various other
post incorporation services.
There are various options available to individuals
and international companies to start a business
1. Joint Venture: A temporary partnership between
two companies for a specific project. It can be
in a form of Private Limited Company.
2. Private Limited company: This one is most
common among you people due to benefits of
having limited liability, Independent legal
existence, less complicated, flexible, easy
operation etc. Minimum two among you can go get
this registration started today.
3. Public Limited company: This one is unlike
Private limited company having unlimited
liability, more cumbersome etc. This one is
basically governed by Public and shares are
freely transferable among them.
4. Limited Liability Partnership: You can call
this one as corporate form of Partnership.
Unlike Private Limited company, you need an
Indian partner to start with. This one possess
more or less same feature as Private Limited.
5. Branch, Liaison and Project Office: A company
established outside India with a minimum 5 years
profit making, good track record and a net worth
of USD 100,000 can open a branch in India, which
will carry similar business as that of head
office. Liaison offices are restricted to
marketing and research activities and cannot do
any revenue generating activities. Project
Offices are meant for specific project.
Registration process overview.!
The rules and regulations for setting up companies
were all printed in the Companies Act of 1956.
Private cannot collect money from the public for
business purposes. They also usually don't have
many members. Public Companies are the opposite.
They can collect from the public and usually
have more members.
Minimum Capital Requirement: When setting up a
Private company in India, the minimum amount of
capital to be paid is Rs.1 lakh. However, there
is no maximum required amount. The amount can go
up at anytime because of different added fees.
Steps involved for formation:
1.) The first step in when forming a
company is to find a name and get it approved.
We start with filling a company registration
form to book a name. When you find a name, you
will need to apply for it. You need to fill out
a form called Form No. 1A. You can find this
form in the state in which you are setting up
your business. The office is called ROC
(Registrar of Companies). There is an $22 dollar
charge for this form. After you submit this
form, they will check to see if the name you
have chosen is available. This process usually
takes 3 to 5 business days. If it is available,
they will give it to you and it will stay valid
for 1 month. This gives you enough time to get
all of the other steps done.
2.) You will need to draft both the MOA and
the AOA. The MOA will need to list the objects
of the company you are setting up. The MOA will
cost you around $5 to $30 from state to state.
The AOA will need to list the rules and contains
the rules and events that the new company will
involve, how much the authorized share capital
is, and the names of the managers. The stamp
duty will be 4% of the authorized capital will
take you about 3 to 4 business days to prepare
the MOA and the AOA.
When you go to the ROC in your state, you will
need to fill out all of the documents listed
below. It usually takes 8-10 business days to
prepare all of the documents.
1.) The first document is called: Form No. 1 &
form 1a - This is like a statement that is
written on a specific type of paper. It is done
by one of the managers of the company that is
forming or by an accountant. This kind of paper
will cost around $22 dollar. This statement
needs to declare that all of the necessities of
the corporation have been met.
2.) The second document is called: Form No. 18 -
This form will need to give all of the
information about the registered address of your
company that you will form. This is so that the
ROC knows what exactly where you are
3.) The third document is called: Form No. 29.
This form is only for Public Companies. This
form has the approval to act as a director. This
is so that the ROC knows that you are legally
4.) The forth document is called: Form No. 32.
This form only lists all of the
5.) The fifth set of documents is the MOA and the
AOA as described above.
6.) The sixth document that you need is the
original approval document that you receive when
you are allotted the name for your company.
7.) The seventh document you will need is the
Power of Attorney. This document needs to be
signed by all of the subscribers of MOA. It also
needs to state the name of the person who has
been approved to accept the certificate of
Finally, once your entity is formed in
India, then the MCA - Ministry of Company
Affairs of India provides you with an
Incorporation or registration Certificate.