Understanding When Does a Registered Company Become Incorporated in India

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Many people nowadays are interested in forming a company in India. Many of these people are foreign business people and investors. There are some steps to go through first when you ask: ”when does a registered company become incorporated in India?” This is because the government has requirements regarding the incorporation of a company in India, as stated in Companies Act 2013.

Requirements That Influence When Does a Registered Company Become Incorporated in India

Before you choose an India corporate service provider, you should have the following documents in order before you pursue complete incorporation:

  • Memorandum of Association (also called MOA) – serves as the Charter.
  • Articles of Association (known simply as AOA) – contains by-laws of the company.
  • Corporate Resolutions of the parent company or by an LLC – for subsidiaries of a parent company. The amount of share capital set aside by the parent company is included here.
  • Subscribers of the MOA should submit a document permitting one of their subscribers or an attorney for issuing digital signatures. The signature will be applied to the documents for incorporation of the company. Documents are then submitted to the Registrar of Companies (ROC).
  • A document designating Attorney with Special Power of Attorney for incorporating the company. The document should permit this Attorney to receive the Certificate of Incorporation for the parent company or for the LLC.
  • Declaration specified by Companies Act 2013 declaring each subscriber or proposed director free of legal impediments for the previous five years. The ROC will look for offences related to formation, promotion or management of all companies these officials were part of. It will also look for offences related to fraud or misfeasance.
  • PAN undertaking (for foreigners who are nominated to be a director only).
  • Form No. DIR 2 – serves as Consent Form for a proposed director who is intended as director of the company. The company should be the one being registered under Indian law.
  • Filing fees, as determined by Indian law.

Role of ROC for When Does a Registered Company Become Incorporated in India

The ROC is the government agency responsible for declaring the Certificate of Incorporation on behalf of the company. All documents cited above are first scrutinized by the ROC officials for accuracy. This is why foreign investors and local investors alike are advised to provide accurate documents to speed up company incorporation.

Documents should follow the law, rules and procedures determined by the government. The ROC will then release the Certificate of Incorporation to the designated officer of 

the company. 

Conclusion

The government of India has made it easier for investors and other interested parties to process incorporation of their company. Those who want to know when does a registered company become incorporated should visit the Indian Ministry of Corporate Affairs. For concerns about the company you want to register for incorporation, you can call an India company incorporation services provider such as 3E ACCOUNTING INDIA can answer your questions. You may also tap them for other business-related concerns such as accounting, auditing and taxation services, among other services offered. 

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