Every company, whatever the size and turnover, needs to be registered as specified under the Company’s Act, 2013. There are different types of companies such as Private Limited Company, One Person Company, Limited Liability Partnership (LLP), and many more. All forms of companies need to be registered under the Company’s Act for being valued and get the tag of a legalized and valid company.
Registration under CA, 2013
The process of registration under Company Act, 2013 is a whole procedure to be followed and work upon by every company that wishes to get themselves that tag of validation. Section 7 under the Company Act, 2013 lists the procedure for the incorporation of a company as given below:
- The procedure involves using a name that inculcates the work profession of the company and a name that is new and not been used by any other company/person. One needs to make sure that the name regarding issues does not violate the provisions of Emblems and Names (Prevention of Improper Use Act, 1950) by availing the services of checking name availability on the portal.
- Log in to the portal online and see through the concerned RoC to determine the availability of name in eForm1 A, and apply it online. The applicant needs to submit a total fee of rupees 500 with the digital signature to apply for the new company.
- The application to register the company is done by filling the required forms (Form 1, 18 and 32) within 60 days after the name of the company is approved.
- The memorandum of association and articles of association should be properly and professionally drafted by the company as they define the internal and charter rules and regulations of the company. The same should be checked with their backgrounds by the RoC with printings too.
- The collection for the stamping of the memorandum and articles is a crucial step along with its proper stamp duty that carries it later.
- The collection for the stamping of the memorandum and articles is a crucial step along with its proper stamp duty that carries later. It is to be made sure that the Memorandum and the Articles are to be signed by the two subscribers, be it in his/her hand, his/her father's name, address, occupation, and the number of shares subscribed for and witnessed by at least one person.
- The next thing to do is to make sure the Memorandum and Article are of the date after the date of stamping.
- After this, one has to simply log in to the portal and fill the application forms as given below with the mandatory documents provided during filling the form.
- The first e-form to be filled is the Declaration of compliance- Form-1
- Notice of situation of the registered office of the company- Form-18
- Particulars of the Director's, Manager or Secretary- Form-32
- The next step involves submitting the form filled as per the directions and requirements along with attaching the digital signature, paying the filing fee and registration fee. The procedure is done with sending the submission with the physical copy of Memorandum and Article of Association to the RoC.
- The form then needs processing as it is complete with Corporate Identity being generated to obtain the Certificate of Incorporation from RoC.
- Additional Information and steps included in Submitting a Public Limited Company are:
- So as to receive the Commencement of Business Certificate after the establishment of the public company, the company is supposed to make the following compliance
- The first thing to do is to either file a declaration in eForm 20 and attach the statement in lieu of the prospectus(schedule III)
- To File a declaration in eForm 19 and attach the prospectus (Schedule II) to it.
- Obtain the Certificate of Commencement of Business
- Additional Information and steps included in Submitting a Part IX Company are:
- Part IX Company is required to file eForm 37 and eForm 39 apart from filing eForm 1, 18 and 32.
- The first thing required by the company is to file eForm 1 first and then file all the other eForms (18, 32, 37 and 39) simultaneously or independently.
Registering a company is a crucial task with quite some attentive skills. Any single step might take you back a few hours of work and not one person or businessman needs that. The registering of a company under Company Act, 2013 is a step taken for the company’s validation, success in a true sense, and to make it an approved business by the law.