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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.


Options available?

There are various options available to individuals and international companies to start a business in India:

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.


Documents required!

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 registering.

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 and manager/director.
 
4.)  The forth document is called: Form No. 32. This form only lists all of the directors/managers.
 
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 incorporation.