"AJSH & Co LLP"    is now    "Mercurius & Associates LLP" "AJSH & Co LLP"    is now    "Mercurius & Associates LLP" "AJSH & Co LLP"    is now    "Mercurius & Associates LLP"

Company Formation in India

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check-circle   Company Formation in India 

Company Formation in India

The company formation is the beginning of an ambitious project wherein ideas, commitment, and goals come together to form a tangible entity.

Starting a company in India is simpler than it seems, especially when you have trusted partners guiding you through each step. With our team of experienced professionals, navigating the process of forming your own company becomes effortless, allowing you to focus on your business goals without the hassle.

Mercurius is a one-stop solution for all your business needs. We provide pre and post-incorporation support that helps you run your business smoothly. Our major services include:

  • Business Set-up Consultation
  • Company formation
  • Post Incorporation Support
  • Bookkeeping
  • Tax Compliances
  • Audit and Assurance
  • Payroll Processing
  • Tax Planning
  • Various Registrations (FSSAI, MSME, Trademark, IEC, LEI etc.)
  • Other Tailor-made Services Based on Requirements.

Introduction

Private Limited Company is the preferred choice for business setup in India; It's loved for its easy registration, fewer hassles with rules, and smooth closure process.

This type is more popular among new businesses and growing companies, giving shareholders limited liability while delivering beneficial features. It's the cornerstone for many successful companies.

Minimum Requirements

Requirements  
Capital No minimum capital requirement
Subscribers/Members 2 Minimum / 200 Maximum
Directors 2 Minimum / 15* Maximum
Authorized Representative Required in case of wholly owned subsidiary.
Resident Director At least 1 director who stays in India for 182 days during the financial year and each of the subsequent financial year.

* More than 15 persons can be appointed as directors by passing a Special Resolution

Step of Incorporation

Step 1: Obtain a Digital Signature Certificate

Step 2: Perform Name Availability Search

Step 3: Draft Charter Documents

Step 4: File Relevant Form for Approval of Name

Step 5: File Relevant Forms for Incorporation

Step 6: Obtain Post-Incorporation Registrations

Step 7: Deposit the Subscription Amount into the Bank

Step 8: File Relevant Form for Commencement of Business

Step 9: Report FDI inflow to RBI

Deliverables

  • Digital Signature Certificates
  • Certificate of Incorporation
  • Director Identification Number/DPIN
  • Tax Registration :
    1. a) Permanent Account Number (PAN)
    2. b) Tax deduction / Collection Account Number (TAN)
  • Memorandum Of Association & Articles Of Association
  • Share Certificates

Documents Required

  1. For Directors / Shareholders / Members / Authorized Representatives 
  2. Permanent Account Number (Mandatory for Indian residents)
  3. Passport (Mandatory for foreigners/NRI)
  4. Voter ID /Driving Licence/Passport  (any one) - Identity Proof
  5. Bank Statement/Electricity Bill/ Telephone Bill (Not older than 2 months) - Address Proof
  6. Photograph Passport Size (3.5 X 4.5 cm)

For Registered Office:

i) If Owned by Subscriber / Director

  • Ownership Deed / House Tax receipt
  • Utility Bill (Not older than 2 months)

 

ii) If Rented

  • Rent Agreement
  • No Objection Certificate from Landlord
  • Utility Bill (Not older than 2 months)

For Foreign Entity

  • Certificate of Incorporation
  • Address Proof – Bank Statement / Utility Bill (not older than 2 months)
  • Board Resolution for Incorporating a Subsidiary in India

Information Required - For Directors / Shareholders / Members / Authorized Representatives

  • Father’s Name
  • Place of Birth
  • Duration of Stay at Present Address
  • Occupation
  • Educational Qualification
  • Email Id
  • Mobile Number

Introduction

LLP is a hybrid form of entity blending the characteristics of a Company and a Partnership. Within this structure, partners enjoy limited liability, restricted to their agreed contribution amounts. This shields their personal assets from implications in instances of insolvency or bankruptcy, offering a protective framework for collaborative ventures.

Minimum Requirements

Requirements  
Capital No minimum capital requirement
Designated Partner 2 Minimum
Authorized Representative Required in case of for foreign Company.
Resident Designated Partner At least 1 designated partner who stays in India for 120 days during the financial year and each of the subsequent financial year.

Step of Incorporation

Step 1: Obtain Digital Signature Certificate

Step 2: File Relevant Form for Approval of Name

Step 3: Draft LLP Agreement and other Documents

Step 4: File Relevant Form for Incorporation

Step 5: File Relevant Form for Registration of LLP Agreement

Deliverables

  • Digital Signature Certificates
  • Certificate of Incorporation
  • Director Identification Number/Designated Partner Identification Number
  • Tax Registration:
    1. a) Permanent Account Number (PAN)
    2. b) Tax deduction / Collection Account Number (TAN)
  • LLP Agreement

Documents Required

  1. For Designated Partners/ Authorized Representative
  2. Permanent Account Number (Mandatory for Indian Resident)
  3. Passport (Mandatory for foreigners/NRI)
  4. Voter ID /Driving Licence/Passport (any one) - Identity Proof
  5. Bank Statement/Electricity Bill/ Telephone Bill (Not older than 2 months) - Address Proof
  6. Photograph Passport Size (3.5 X 4.5 cm)

For Registered Office:

i) If Owned by Designated Partner/Partner

  • Ownership Deed/House Tax Receipt
  • Utility Bill (Not older than 2 months)

 

ii) If Rented

  • Rent Agreement
  • NOC from Landlord
  • Utility Bill (Not older than 2 months)

For Foreign Entity

  • Certificate of Incorporation of the Foreign Entity
  • Address Proof for the Foreign Company – Bank Statement / Utility Bill (not older than 2 months)

Information Required - For Designated Partners / Authorized Representative 

  • Father’s Name
  • Place of Birth
  • Duration of Stay at Present Address

  • Occupation
  • Educational Qualification
  • Email Id
  • Mobile Number

Introduction

A Public Company is an entity that extends ownership to the general public through freely tradable securities. It presents an opportunity to raise funds for business expansion by allowing public investment. These securities are accessible through methods like Initial Public Offers (IPOs), over-the-counter exchanges, and trading on national and international stock exchanges, providing broad accessibility and potential for investment growth.

Minimum Requirements

Requirements  
Capital No minimum capital requirement
Subscribers/Members 7 Minimum / 200 Maximum
Directors 3 Minimum / 15* Maximum
Authorized Representative For Foreign Company
Resident Director At least 1 director who stays in India for 182 days during the financial year and each of the subsequent financial year.

* More than 15 persons can be appointed as directors by passing a Special Resolution
Woman Director:- Certain public Companies are required to have at least 1 woman Director

 

Step of Incorporation

Step 1: Obtain a Digital Signature Certificate

Step 2: File Relevant Form for Approval of Name

Step 3: Draft Chartered Documents

Step 4: File Relevant Form for Incorporation

Step 5: Deposit Subscription Amount into Bank by Subscriber

Step 6: File Relevant Form for Commencement of Business

Deliverables

  • Digital Signature Certificates
  • Certificate of Incorporation
  • Director Identification Number/DPIN
  • Tax Registration :
    1. a) Permanent Account Number (PAN)
    2. b) Tax deduction / Collection Account Number (TAN)
  • Permanent Account Number
  • Tax Deduction / Collection Account Number
  • Permanent Account Number
  • Memorandum Of Association & Articles Of Association
  • Share Certificates

Documents Required

  1. For Directors / Shareholders / Members / Authorized Representatives 
  2. Permanent Account Number (Mandatory for Indian residents)
  3. Passport (Mandatory for foreigners)
  4. Voter ID /Driving Licence/Passport (any one) - Identity Proof
  5. Bank Statement/Electricity Bill/ Telephone Bill (Not older than 2 months) - Address Proof
  6. Photograph Passport Size (3.5 X 4.5 cm)

For Registered Office:

i) If Owned by Promoter/Director

  • Ownership Deed / House Tax receipt
  • Utility Bill (Not older than 2 months)

 

ii) If Rented

  • Rent Agreement
  • No Objection Certificate from Landlord
  • Utility Bill (Not older than 2 months)

For Foreign Entity

  • Certificate of Incorporation of the Foreign Entity
  • Address Proof for the foreign company – Bank Statement / Utility Bill (not older than 2 months)
  • Board Resolution for Incorporating a Subsidiary in India

Information Required - For Directors / Shareholders / Members / Authorized Representative

  • Father’s Name
  • Place of Birth
  • Duration of Stay at Present Address
  • Occupation
  • Educational Qualification
  • Email Id
  • Mobile Number

Note: At Mercurius, we offer tailor made solutions and assist in setting up your business in India by carrying out business registration under the respective governing laws such as The Companies Act 2013, The Indian Partnership Act, 1932, and The Limited Liability Partnership Act, 2008.

FAQs

The forms of establishing a company in India are as follows:

  • Public limited company
  • Private limited company
  • One person company (OPC)
  • Section 8 company

Other forms of setting up business in India are listed here under:

  • Sole proprietorship
  • Partnership firm
  • Limited liability partnership (LLP)

The respective governing laws under which you can carry out the registration of your business are:

  • The Companies Act, 2013
  • The Indian Partnership Act, 1932
  • The Limited Liability Partnership Act,2008

The benefits of forming a company in India are as follows:

  • It protects you from personal liability for business risks and losses
  • It makes you look serious and attract more customers
  • Creates better image and credibility in the market
  • Easier to get bank credit and investment from investors
  • Creates faith in employees and easy to draw a talented workforce
  • It is very convenient to exit or sell the business due to less documentation and cost.

As defined by the Companies act 2013, the requirements for registering a company in India are as follows:

  • Two directors
  • Unique name
  • Minimum capital contribution
  • Registered office

The documents which the MCA accepts for the online company registration process are listed below:

  • Identity and address proof:
    • Scanned copy of PAN card or passport
    • Scanned copy of voter-id/ passport/ driving license
    • Scanned copy of the latest bank statement/telephone or mobile bill/ electricity or gas bill
    • Scanned passport-sized photograph specimen signature
  • Registered office proof:
    • Scanned copy of the latest bank statement/telephone or mobile bill/ electricity or gas bill
    • Scanned copy of the notarized rental agreement in English
    • Scanned copy of no-objection certificate from the property owner
    • Scanned copy of sale deed/ property deed in English

A foreign national can incorporate a company in India provided another person stays in India for a total period of not less than 182 days during the financial year which shall be counted as resident director.

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