Embarking on your journey to establish a company in India? ASKCA is here to help you navigate the process smoothly. Let’s walk through the comprehensive procedure for company formation in India

Applicable Law

Starting a company in India requires adherence to the Companies Act, 2013. This legislation provides the legal framework for company formation, outlining governance, compliance, and directorial responsibilities. Familiarizing yourself with the Companies Act is the foundational step to ensure your company’s compliance with Indian law.

Allotment of Director Identification Number (DIN)

Directors are the backbone of any company. To become a director in India, you must obtain a Director Identification Number (DIN). Indian residents use Form DIR-3, while foreign nationals utilize Form DIR-6. The application process takes place online via the Ministry of Corporate Affairs (MCA) portal. Once verified, the MCA will issue DINs, which are a prerequisite for official company registration.

Acquiring Digital Signature Certificate (DSC)

Digital Signature Certificates (DSCs) are vital for secure online transactions during the incorporation process. ASKCA recommends selecting a certified agency to acquire your DSC. This involves a submission of required documents and a verification process. With a DSC, you can electronically sign various documents, ensuring their authenticity and safeguarding your information throughout the process.

Name Approval of the Company

Choosing the right name for your company is a critical decision. The selected name must be unique and in compliance with existing regulations. To verify name availability, use the MCA portal. Once you’ve decided on a name, apply for its reservation using Form INC-1. The MCA will assess your application to ensure it adheres to their guidelines. Upon approval, your chosen name will be reserved for 20 days, giving you the green light to proceed with the incorporation process.

Procedure after Name Approval of the Company

Following the approval of your chosen name, the final steps in company formation await:

  • Memorandum of Association (MOA) and Articles of Association (AOA)
    These documents define your company’s objectives and operating rules. They need to be meticulously drafted and submitted to the Registrar of Companies (ROC).
  • Filing Incorporation Documents:
    Alongside other necessary forms, these documents detail your directors, shareholders, registered office, and business activities. Submission occurs electronically through the MCA portal.
  • Certificate of Incorporation: Once your submission is reviewed and found in order by the ROC, they will issue the Certificate of Incorporation. This certificate marks the official birth of your company and includes essential information like your Corporate Identity Number (CIN).
ASKCA is your dedicated partner in making the process of company formation in India smooth and efficient. From here, you can proceed to open a bank account, obtain essential tax registrations, and embark on your business journey in India with confidence.