Certificate of incorporation Services

     

    • Certificate of incorporation
    • Ministry of Corporate Affairs
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    • Limited Liability Company (LLC)
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A certificate of incorporation is a legally binding document that is issued to a company or corporation upon its formation. It is a certificate of incorporation issued by a state government or, in some jurisdictions, by a non-governmental entity/corporation. Its precise meaning is determined by the legal system in which it is employed.

 

A private limited company does not offer its shares to the general public and always ends its name with the verb endings Pvt Ltd.

A legal license to operate is required for the formation of such a company.



Section 7 of the Companies Act 2013 deals with the procedure for incorporating a company and specifies the Certificate of Incorporation (issued by the Ministry of Corporate Affairs or the State Government) as the final step in incorporating a company. In addition, it provides the company with a legal identity and a business license.

 

What is the significance of the Certificate of Incorporation?

 

When the company enters into any trading agreements, business contracts, or is involved in a transaction with an overseas government or government agency, the transacting parties may require the certificate to prove the entity's existence and nature.

However, because most public registers are now electronic and accessible online, transacting parties performing due diligence are increasingly checking the status of entities in the registrar's public register of companies online.



When Should Users File for Incorporation?

 

In most cases, you can file your paperwork as soon as you decide to operate as a corporation. However, before making that decision, consider the advantages and disadvantages of filing as another type of business, such as a general partnership, a limited liability company (LLC), or a limited liability partnership (LLP).



As a general rule, you should incorporate your company before doing business. Most states require you to file this document before engaging in certain activities in your company's name. In most cases, you must first incorporate before you can:

 

Make an application for a business license in your state, county, or city.

 

  • Employ people to work in your institutions.
  • Create a business bank account.
  • Prepare and file corporate taxes.



Where to Incorporate?

 

Many companies are from in their home states. You may, however, have other options. To determine where to incorporate, consult with your team the following questions:

 

Where do you intend to do the majority of your business?

 

Where do the majority of your company's offices, facilities, or employees reside?

 

In some cases, you may intend to conduct business across the country or have facilities and employees spread across the country. Consider incorporating in one of the country's more business-friendly states, such as Delaware or Nevada, and filing a foreign qualification in the other states where you intend to do business.

 

What are the documents required for company formation in India?

 

For Indian nationals, these are the following documents are required for company formation in India:

 

PAN Card: A copy of the proposed directors' PAN cards will be required for company registration In India, a PAN, or Permanent Account Number, is a one-of-a-kind identification number issued by the Income Tax Department. During the incorporation process, Directors who are Indian Nationals are required to submit their PAN.

 

Address Proof: In addition to the PAN Card, the Director should provide proof of their address. The address proof must include the name as it appears on the PAN Card and the recent address. In addition, the document must be no more than two months old.

 

For Indian nationals, the following documents are acceptable as proof of address.

 

  • Passport
  • Voter Identity Card or Election Card
  • Ration Card
  • Driving license
  • Electricity Bill
  • Telephone Bill
  • Aadhaar Card

 

Residential Proof: In addition to the address proof, residential proof must be submitted during the company's incorporation to validate the Director's current address. As with address proof, residential proof must include the name of the Director as appeared on the PAN Card and must be not more than two months old. The following documents are acceptable as proof of residence.

 

  • Bank Statement
  • Electricity Bill
  • Telephone Bill
  • Mobile Bill

 

What Does a Certificate of Incorporation Comprise?

 

Each state's official certificate of incorporation form is different. Although you should review your state's form before beginning the filing process, this list can assist you in getting ready. The following items are usually required in articles of incorporation:



  • The legal name of a corporation, with a suffix such as "Inc.," "Corporation," or "Co."
  • The official address of the company
  • Business jargon
  • Form of corporation
  • The goal of business
  • Name and address of the registered agent
  • The total number of authorized stock shares
  • Stock share value
  • Names and addresses of the board of directors
  • Name and address of the incorporator
  • Date of filing

 

A sole proprietorship company costs nearly Rs 2,500 to register, while a partnership firm costs almost Rs 5,000. The registration fee for a private (LLP or LLC) company with a minimum authorized capital of Rs 1,00,000 is Rs 7,000.

A current account is required to operate a business without being registered. To open a current account, the bank will require you to provide proof of government registration. MSME registration, Shop & establishment registration, or GST registration are all examples of government registration.

The ROCs are tasked with the primary duty of registering both companies and LLPs across the states and union territories, according to Section 609 of the Companies Act, 1956.

Is it necessary to register a company in India before starting a business? No, it does not! In India, forming a company isn't the only option for starting a business. The most simple way to start your own business is to obtain a tax license, such as service tax registration.

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