Indian Company registration

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Indian Company Registration
 
definition of an

Indian Company

An Indian company refers to a company incorporated under the Companies Act, 2013 or any previous company law, having registered office and majority directors who are citizens of India and where at least 50% of the paid-up share capital is held by Indian residents and/or Indian companies.

Limited Liability Partnership (LLP) Registration
INTRODUCTION TO

Indian Company registration

Company registration in India refers to the process of legally incorporating a business entity under the Companies Act, 2013. The most common types of companies registered are private limited companies, public limited companies, One Person Companies (OPCs), and Limited Liability Partnerships (LLPs). The company registration process involves applying for a Director Identification Number (DIN), digital signature certificate (DSC), name approval, incorporation documents filing, and obtaining the Certificate of Incorporation.

Registering a company makes it a separate legal entity with perpetual succession. It limits the liability of the owners to their investment and makes it easier to raise funds, enter into contracts, open bank accounts and have a corporate framework with tax benefits. Overall, it facilitates smooth business operations in India.

Terminologies

Here are some key terminologies related to Indian companies:

Who can apply?

Here are the key people/entities who can apply for Indian company registration in India:

So in summary – individuals, entities registered in India and foreigners residing in India are eligible to form LLPs as partners subject to meeting the above criteria. The LLP agreement governs the mutual rights and duties of partners.

Documents Required for

Indian Company registration

Here are the key documents required for Indian company registration:

Additionally, there could be other documents required based on company type and activity such as earlier company registration certificates, registration from other regulators, agreements related to use of IPR or technological capabilities etc.

Foreign investors may also need to submit additional documents and shareholders agreements as applicable. Overall the certificate of incorporation is issued based on submission of applicable documents.

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Government Fee

Here are the key fees charged by the Government of India for Indian company registration:

  1. Stamp Duty: It depends on the authorized capital of the company and the state in which the company is being registered. For example, for a company with authorized capital up to Rs 10 lakhs incorporated in Delhi, the stamp duty is Rs. 500.
  2. Processing Fees: This is payable towards name approval and incorporation application processing. It is typically in the range of Rs. 1000 to Rs. 5000 depending on authorized capital. Higher authorized capital requires higher fees.
  3. Registration Fees: This is charged on the authorized capital. For example, for a company with authorized capital of up to Rs 15 lakhs, the registration fees is Rs. 4000. It is Rs. 5 lakhs for company with authorized capital of Rs 10 crores.
  4. Digital Signature Certificate: Individual DSC for each director is required for efiling company documents. A DSC costs between Rs. 400 to Rs. 2500 based on validity period.
  5. Professional Fees: This is paid to company secretaries or chartered accountants if they facilitate company registration. This can vary from Rs. 3000 to Rs. 25000 depending on services used.
  6. Other Expenses: Costs related to documentation, compliance etc may need to be additionally paid as applicable.

The total registration cost for a private limited company in India can range from Rs. 15000 to Rs. 50000 on average. Overall statutory fees payable to government departments make up a large portion.

Advantages of

Indian company registration

Here are the key advantages of Indian company registration:

  1. Limited Liability: Shareholders enjoy limited liability whereby their liability is limited to the extent of their shareholding/investment in the company. Their personal assets remain protected.
  2. Access to Funding: It is easier for companies to obtain loans and investments from banks, NBFCs, and even attract investors through issuance of shares due to registered and regulated structure.
  3. Tax Benefits: Companies receive favorable tax rates, tax deductions etc unavailable to proprietary firms or partnerships.
  4. Transferable Ownership: The shares of a company are transferable making it easier to induct or remove partners from ownership based on mutual agreement through share transfer.
  5. Perpetual Succession: The existence of a company is independent of directors, shareholders etc. A company continues irrespective of any changes in management or owners.
  6. Ease of Expansion: A company can more easily establish branches offices or subsidiaries due to its separate legal entity status, ability to raise organized finance capital etc.
  7. Credibility: Registered companies convey a sense of credibility which helps in dealings with customers, vendors, banks etc.
  8. Access to Court Process: The Company itself can sue and be sued in courts without affecting the directors/shareholders. This limits liability exposure in case of legal issues.

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