Registrars of Companies (ROC) appointed under Section 609 of the Companies Act covering the various States and Union Territories are vested with the primary duty of registering companies and LLPs floated in the respective states and the Union Territories and ensuring that such companies and LLPs comply with statutory requirements under the Act.
These offices function as registry of records, relating to the companies registered with them, which are available for inspection by members of public on payment of the prescribed fee. The Central Government exercises administrative control over these offices through the respective Regional Directors.
What are the types of Companies that can be Incorporated in India ?
1) Private Limited Companies
2) Public Limited Companies
3) One Person Company (OPCs)
Documents required for registration (self attested copies):
Procure Digital Signature Certificate (DSC) and Director Identification Number (DIN),
Availability and approval of the name
Incorporation of One Person Company
Launching the OPC
Private Limited Companies are those types of companies where minimum number of members is two and maximum number is two hundred. A private limited company has the limited liability of members but at the same time it has many characteristics as those of a partnership firm.
A private limited company has all the advantages of partnership namely flexibility, greater capital combination of different and diversified abilities, etc., and at the same time it has advantages of limited liability, greater stability and legal entity. In this sense, a private limited company stands between partnership and widely owned public company. Identifying marks of a private limited company are name, number of members, shares, formation, management, directors and meetings, etc.,
The maximum number of directors shall have to be mentioned in the Articles of Association. In the grand of privileges and exemptions, the Companies Act has drawn a distinction between an independent private company and other private company which is a subsidiary to the other public company.
PAN card copy of directors/partners other than signatories
Address proofs of the factory premises like:
Residence proof of directors/partners
Registration Certificate under any other laws, if any
Public Limited Companies are those types of companies whose shares are traded on stock market or issues fixed deposits. For Public Limited Company Registration, the company must have minimum 3 Directors, 7 Shareholders and Maximum 50 Directors and need Rs 5 Lakhs of Paid up Capital. A Public limited company have all the advantages of Private Limited Companies and the ability to have any number of members, ease in transfer of shareholding and more transparency
Documents Required for Public Ltd Company:
1) PAN card copy of the company/firm
2) PAN card copy of authorized signatory
3) Ground plan of factory (which should also provide description of boundaries of premises to be registered) List of directors/partners
4) Memorandum and Articles of Association/Partnership deed
5) General power of attorney (in case application is signed by authorized agent)
The concept of One Person Company [OPC] is a new vehicle/form of business, introduced by The Companies Act, 2013 [No.18 of 2013], thereby enabling Entrepreneur(s) carrying on the business in the Sole-Proprietor form of business to enter into a Corporate Framework. One Person Company is a hybrid of Sole-Proprietor and Company form of business, and has been provided with concessional/relaxed requirements under the Act.
Documents Required For OPC:
CHOICE OF NAME:
Sequence of 5 names
Required for Director
Address Proof (Passport/ Voter ID/ Aadhar Card/ Driving Licence) should be attested by the bankers of the applicant
PAN Card should be attested by the bankers of the applicant
3 Photos with attestation
Recent Bank Statement/ (Telephone Bill/ Electricity Bill - Last 2 months Bills)
General Requirements
EB Card.
Rental Agreement should be in commercial.
Recent EB Bill/ Telephone Bill/ Property Tax bill in the name of house owner.
Nominee Documents
PAN Card
Address Proof (Passport/ Voter ID/ Aadhar Card/ Driving Licence)
Introduction
Section 8 Company is a Company licensed under Section 8 of the Companies Act, 2013 (the Act), erstwhile known as Section 25 Company under the Companies Act, 1956, which has main object;
For promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object,
List of documents required
Identity Proof : Copy of Permanent Account Number (PAN) of all Directors/Promoters (Mandatory)
Address Proof: Copy of valid Passport/Driving Licence/Aadhar/Telephone Bill/Electricity Bill (not older than 2 months)
Latest passport size photographs of all Directors/Promoters
Rent Agreement or Leave & Licence Agreement, if registered office premise is taken on rent
Utility Bills of proposed registered office
Consent to act as Director in Form DIR-2
Directors Directorship details in other Companies/LLPs, if any.
Company is a a legal entity, allowed by legislation, which permits a group of people, as shareholders, to apply to the government for an independent organization to be created, which can then focus on pursuing set objectives, and empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money.
List Of Documents Required:
CHOICE OF NAME:
Sequence of 5 names.
Required for both the Directors:
Address Proof (Passport/ Voter ID/ Aadhar Card/ Driving License) should be attested by the bankers of the applicant
PAN Card should be attested by the bankers of the applicant
3 Photos with attestation
Recent Bank Statement/ (Telephone Bill/ Electricity Bill - Last 2 months Bills)
General Requirements
EB Card
Rental Agreement should be in commercial
Recent EB Bill/ Telephone Bill/ Property Tax bill in the name of house owner.
Other Documents
INC-9 signature- Second affidavit 20 Rs. stamp paper notary attested
DIR-2 Signature -Address proof
Affidavit Signature
INC-10 Signature -20 Rs. stamp paper notary attested
INC-8 chartered accountant signature 20 Rs. stamp paper notary attested
MOA -Only hand written and photos annexed
AOA-Only hand written and photos annexed
A limited liability partnership is a partnership in which some or all partners (depending on the jurisdiction) have limited liabilities. It therefore exhibits elements of partnerships and corporations. In an LLP, one partner is not responsible or liable for another partner's misconduct or negligence.
Steps taken to Register Limited Liability Partnership in India.
Step 1- Apply for your Partners DIN
Step 2- Apply for your Partners DSC
Step 3- Application to Govt for Name Availability of the proposed LLP