Do you wish to have your own business in India? Your entrepreneurial dream needs to face the reality check. You need to fill the required documents and send those to the respective authorities before setting up your company. Oncethey accept your documents post verification, you can start setting up your company. The type of documents varies along with the type of company being registered. There are several types of companies and firstly, you need to understand which type of company you wish to registration. Understanding the type of company and the documents required is very crucial at this point.
List of documents you will be needing for company registration
Incorporation documents are one of the most essential things while registering your company. No matter what your niche is, unless you draft these documents and submit them on time, your company registration won’t be fulfilled. In this segment we will help you to go through all the documents needed for your company registration. Do not forget to draft them and keep them handy. Without producing these documents you cannot proceed further. Please go through the upcoming segments minutely and complete your registration process successfully.
Documents of the promoters:
Promoters are the directors of a company or the persons who have some interest in the business. These people are the shareholders, and hence, they are very important for the business. Promoters need to complete their KYC and for that they have to submit some scanned and self attested copies of the required documents. We have listed all the required documents here for the convenience of promoters;
- PAN Card: Please check all the details and if something is different or wrong, please update it before submitting it for your company’s registration.
- Aadhaar Card: You also need to check the details furnished in the Aadhaar card. This is one of the most crucial documents that you need to submit during the registration process.
- Digital Signature: The whole registration process will be done online. So, the directors must have class 3 digital signature facilities available to them.
- ID proof: Indian people can submit any of the listed documents; Voter Card, Driving License, or the passport as an ID proof. For other nationalities, a passport is mandatory.
- Address proof: As an address proof, the promoters can submit either the bank statement under their name or any utility bill like electric bill, water bill etc. The address should be clearly mentioned on the document. Also, the address proof must not be more than 2 months old.
Documents related to company’s constitution:
Companies need some legal documents to be drafted in proper formats before they approach for the registration. This task cannot be done by a naive person. Lots of companies are there that offer expert’s help in sorting such tasks. You can hire the best one among them and complete your task. You need to choose some stamp papers of appropriate value for this job. These documents will establish the company’s identity legally in the country. All the shareholders should be present at the place and sign on the paper. Also, one notary and two other witnesses should be present there. The notary’s task is to stamp those documents and complete the task smoothly. The documents required for company’s constitution are furnished below:
- MOA or Memorandum of Association: MOA is also known as the Charter of the company. You can find all the legal details at the time of foundation here. You can find several clauses there and depending on the number of clauses, the type of company varies from each other. A Public limited company and a Private limited company have 6 clauses in their MOA. Whereas, a company owned by one single person has 7 clauses in their MOA.
- Name Clause: This segment bears the final name of the company for the draft.
- Object Clause: This segment bears the objective of the company. In a segment 8 company, the object should maintain the section 8 of the companies act.
- Registered office clause: You need to state where the registered office for your business is settled. This registered office address should be final and approved by all promoters.
- Nominee clause: If it is a one person company, then only this clause is required. Here the person needs to fill in the details of the nominee who would replace him after his death.
- Capital clause: The promoters should mention the authorized and subscribed capital.
- Liability clause: This clause should clearly mention the liability of the company.
- AOA or Article of Association: This segment bears the detailed rules and regulations of the company. These rules vary from company to company. The key management people will take care of drafting these rules. Also, the details of each shareholder should be submitted here. The addition and deletion of a shareholder at any point should be mentioned here.
Documents of the Registered Office:
The next set of the documents are the ones that explain the registration office and its address properly. Registered office is something that will be used as a company’s communication address or correspondence. While incorporating your business, you need to submit the documents related to the registered office.
- Address proof in the name of registered office: You should provide any utility bill in the company’s name as an address proof which clearly mentions the registered office address on it. This proof shouldn’t be more than 2 months old.
- NOC: A No Objection Certificate by the property owner should be produced. You need to download the prescribed format for this certificate.
Forms and Declaration:
Apart from all the documents we mentioned earlier in this article, you need to deposit some forms and declarations as well. Without these forms and declarations, the incorporation will be considered invalid. The most important forms and declarations are mentioned here;
- INC 9: This is a declaration given by the founding directors and shareholders of the company. It mentions that they were never convicted of any offense, they never breached any duty or never violated the Companies Act, and all the details furnished by them during the registration process are true to the best of their knowledge.
- DIR 2: This is a consent form that each director of the company should sign. You need to submit this form along with other documents at the time of incorporation. The ROC needs to know that all the directors mentioned here are incorporated on their own will and they were not forced into this.
- INC 14: This is a declaration given by a professional company secretary, chartered accountant, advocate, or cost accountant at the time of incorporation. This declaration certifies that all the rules and regulations mentioned in the Companies Act and Company incorporation rules are maintained at the time of MOA and AOA drafting and at the time of Company’s registration application submission.
End note:
You cannot ignore the fact that these documents are very important for the incorporation of your company. If you have a business dream and want to fulfill that, you have to abide by the rules. It is important to equip yourself with the detailed information about all the necessary documents required at the time of incorporation. If you have the in-depth knowledge of these documents, you do not need to depend on a third person throughout the process. Also, it may seem easier while reading this article, but you may face problems while actually filing them up. So, do not hesitate to take help from any professional company out there. These companies have experienced professionals working in these sectors for many years. Just give them a call and your job will be done in a day or so!