If you want to register your company, you have to know all about the documents required for registering it first. Knowing the list of documents needed for registration of a company and getting them prepared beforehand makes it easier and quicker for a person to go through the process of registration. This article will provide you with the list of documents needed for incorporating a company but it is always advised to consult a professional first. Let’s have a look.
LIST OF DOCUMENTS:
Director Identification Number (DIN) of All the Directors
It is a set of unique 8-digit number allotted to a director of a company by the Central Government. If a director already has a DIN, he need not have to apply for a new one. It is allotted for the lifetime unless surrendered, cancelled or deactivated. If a person wants to apply for DIN, he has to file for the same in the Ministry of Corporate Affairs (MCA) website which is www.mca.gov.in.
Digital Signature Certificate (DSC)
Digital Signature Certificates are digital equivalent of physical or paper certificates. Likewise, a digital certificate can be presented electronically to prove one’s identity, to access information or services on the Internet or to sign certain documents digitally. Digital signature certificate is a mandatory requirement if you are filing an eForm. The licensed Certifying Authority issues the digital signature that is authorized under Section 24 of the IT Act, 2000 to do so.
Registered Office Address
Section 12 of the Companies Act says that every company must furnish to the Registrar verification of its registered office within a period of 30 days of its incorporation. The following documents can be submitted as registered office address:
- The registered document of the title of the premises of the registered office in the name of the company;
- The notarized copy of lease/ rent agreement in the name of the company along with a copy of rent paid, receipt not older than 1 month;
- The authorization from the owner or authorized occupant of the premises along with the proof of ownership or occupancy authorization, to use the premises by the company as its registered office;
- The proof of evidence of any utility service like telephone, electricity, etc., depicting the address of the premises in the name of the owner, which should not be older than 2 months
Declaration of Directors
Form INC 9 is some another attachment that needs to be submitted while incorporating a company. This form is related to declaration by the first subscriber(s) and director(s) that they have not been convicted of any offence in connection with the promotion, formation or management of any company during the preceding 5 years; they have not been found guilty of any fraud or misfeasance or of any breach of duty to any company under the Act, or any previous company law during the preceding 5 years; and that all documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of their knowledge and belief.
Note: Filing of Affidavit by each of the subscribers to the memorandum is NOT required to be filed after Companies (Incorporation) Third Amendment rules, 2018. Only declaration by first subscribers and directors in INC 9 is mandatory.
Documents to be Signed by Directors and Shareholders
Following documents related to the Directors and Shareholders of the company needs to be submitted for the registration of a company:
- PAN (in case of Indian Nationals): PAN (Permanent Account Number) Card of the proposed directors should be submitted. It is mandatory and is used by the Ministry of Corporate Affairs for all future matters relating to the company.
- Passport (in case of Foreign Nationals): Passport is mandatory for Foreign Nationals as a proof of identity. It should be notarized by the country it was issued and must contain the date of birth of the holder. If the date of birth is missing, an additional document needs to be submitted indicating the date of birth.
- Address Proof: The proposed directors and the shareholders (subscribers to the Memorandum of Association and Articles of Association) have to file an address proof along with the proof of identity. Driving License, Bank Statement, Aadhaar Card, Electricity bill, telephone bill or mobile bill are some examples of address proofs that can be submitted.
A declaration in the prescribed form by an advocate, a Chartered Accountant, Cost Accountant or Company Secretary in practice, who is engaged in the formation of the company, that all the requirements of the Companies Act and the rules made there under in respect and matters precedent or incidental thereto have been complied with, is to be submitted. Valid membership number and certificate number of the practicing professional is to be entered as well.
Details Related to PAN and TAN
It is mandatory to apply for PAN (Permanent Account Number) and TAN (Tax Deduction Account Number) of the company while registering for it.
Memorandum of Association
Correct details of the name of the company, its registered office, objects to be pursued by the company and the matters that are necessary for furtherance of the main objects, share capital, subscriber details of the company is to be filed. It is signed by witnesses along with his/ her Digital Signature Certificate and must be signed by a practicing professional.
Articles of Association
Articles of Association is filed according to Schedule 1 of the Companies Act, 2013. Schedule 1 of the Companies Act, 2013 contains tables in which Table F is regarding Articles of Association. It contains share capital and variation of rights; lien; calls, transfer, transmission, forfeiture of shares; alteration of capital, capitalisation of profits, buy-back shares, general meetings, the seal, dividends and reserve, accounts, winding up etc. Articles of Association is populated according to the above mentioned table which must be signed by witness along with his/her Digital Signature Certificate and is to be signed by a practicing professional.
These were the documents which are required for registering a company. The Ministry of Corporate Affairs (MCA) is the authority dealing with the incorporation and with the introduction of eFiling system, it is easier to learn about the process and the steps necessary for the same.