Company Formation in India

Procedure and timeline for India Company Registration in India

The overall process to form a company in india is similer except some additional formalities for the different types of company. The most commonly used type of company is the private limited company. Hence in this note you will get the details of the formation of private limited company. In respect of other types of companies the additional details would be provided.

Our explanation below is divided in following sections :
  • Basic steps to form the company with time frame
  • Information required to form the Company
  • Documents required to form the company
  • Shareholders
  • Company Directors
  • Registered Office
The basic steps are as below:
Application for DIN of all directors 2 Days
DSC of Director 1 Day
Get company name approval 5 Days
Prepare registration documents 3 Days
Client to sign company registration documents 2 Days
Register company 7 Days

All the documents relating to registration of company and liaison with the government officials will be done by us. Just for your reference, to register a company, the following information and documents needs to be submitted to the registrar of companies:

Information Required
  • Name of Directors
  • Names of Shareholders
  • Five names in order of preference
  • Brief about the object of the company
  • Authorised Capital of Company
  • Paid up Capital of Company
  • Significance of the proposed name of Company
Documents Required
  • Proof of Identity of all proposed directors, duly notarised in case of foreign directors
  • Proof of residence of all proposed directors, duly notarised in case of foreign directors
  • Photograph of All directors
  • Subscribers page for shares to be written by all shareholders in their own handwriting , in case of foreign subscribers the page is to be certified by Indian embassy in county of origin.
  • Resolution by Foreign holding company for investment in India
  • No Objection Certificate by existing company if name is similar

The company name approval takes only 2-3 days unless there is some conflict with an existing name or the name has some sensitive words in it. Once the company name is approved and we have received the signed documents from you, we can normally register Indian company in 3 weeks.

Shareholders

A Indian Company may be registered with only two shareholder who can be an individual or a corporation. There is no requirement for shareholder(s) to be resident in India. But the amount of investment into the company is governed by the FDI policies of government.

The incorporation of the company is with the minimum capital prescribed as per the type of company. The shareholders have to file and undertaking in the subscribers page by writing in their own handwriting. This undertaking shall be witnessed by the following :-
If Undertaking in India - CA/CS/CWA
If undertaking outside India - Indian Embassy in origin country

Company Directors

As per Indian Companies Act, a Indian company can have one or more resident or non-resident directors. Minimum requirement is two Director.

Both the directors of the company can be foreign directors and there is no requirement of compulsory Indian directors on the board. To get the DIN of foreign directors the documents of the foreign directors must be notarised in the country of residence and the documents of the Indian directors shall be certified by Professionals like CA/CS/CWA.

Registered Office

A Company must have a registered office situated within Indian. The registered office of the company can not be outside India.