Thinking about incorporating a Company in India? Incorporating a Company in India requires careful planning and a bunch of key documentation. Whether your business is big or small, you need to know what papers you’ll need to make it official. Here’s a simple guide to the important documents for company registration in India:
Documents required for the Company’s Registered office address:
To prove where your company’s office is located when you incorporate it, or after incorporation of the company within 30 days, you need to submit the following documents:
- In case the Premise is owned by either any one of the Directors/ proposed Directors of the Company or is owned by the Company itself,
- Electricity Bill in the name of Director(s)/ Proposed Director(s) of the company (In case the premise is owned by the Director(s)/ Proposed Director(s) of the company
(or)
Electricity Bill in the name of the Company (In case the premise is owned in the name of the Company) - A Copy of the RoR (Record of Rights) in case demanded by the Registering Authority (CRC).
- In case the Premise is neither owned by any of the Directors/ Proposed Directors of the Company nor is owned by the company itself (i.e., rented or leased)
- A utility bill like Gas/Telephone/Electricity bill, should contain the name of the owner and the complete address of the premises.
- A copy of the lease or rental agreement with the owner mentioned in the utility bill for the above-mentioned premises. Make sure it’s notarized and has your company’s name on it.
- You need to obtain permission, like a No Objection Certificate (NOC), from the landlord, who is the individual identified on the utility bill or property documents, to grant consent for your company to use the premises as its office.
Note: Please note that all utility bills shall not be more than two months old as of the date of submission.
Documents required for Directors:
a) Documents required for directors who are Indian nationals:
- PAN card: A self-attested copy of the PAN card belonging to the proposed directors of the company is a necessary document for company registration. Ensure that the PAN card accurately displays the holder’s father’s name and date of birth.
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- Address proof: A self-attested copy of one of the following documents belonging to the proposed directors of the company is required for company registration.
- Aadhaar Card
- Driving Licence
- Voter Identity Card
- Passport (if any)
- Residential Proof: Residential proof refers to the current address proof of the proposed director, which should not be more than 2 months old. A self-attested copy of one of the following documents belonging to the proposed directors of the company is necessary for company registration.
- Bank Statement
- Electricity Bill
- Telephone Bill
- Mobile Bill
b) Documents required for directors who are Non-Resident Indians (NRIs):
An individual holding Indian citizenship but residing outside India for an extended period due to employment, business, education, or other reasons is termed a Non-Resident Indian (NRI).
If a non-resident Indian (NRI) is proposed as a director of a company incorporated in India, they must provide the same documents required for Indian nationals, as listed above in this article.
Additionally, all documents should be duly notarized or apostilled in the country where the NRI is a resident.
c) Documents required for directors who are Foreign Nationals:
If a foreign national is proposed as a director of the company, all documents belonging to such a director must be duly notarized or apostilled in the country where they were issued. If the document is not in the English language, it needs to be translated by an authorized translator and officially verified or authenticated.Â
- ID Proof:Â
♦ Passport: A self-attested copy of the passport belonging to the proposed director of the company is necessary for company registration. It is a mandatory document for company registration.
- Address proof:Â A self-attested copy of one of the following documents belonging to the proposed directors of the company is required for company registration.
- Driving License
- Residence Card
- Bank Statement
- Any other identity containing an address issued by the Government.
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- Residential Proof:Â A self-attested copy of one of the following documents belonging to the proposed foreign national director of the company is necessary for company registration, and the document should not be older than 1 year for foreign nationals.
- Bank Statement
- Electricity Bill
- Telephone Bill
- Mobile Bill
Documents required for Shareholders/Subscribers to the Memorandum of Association
a) Where the shareholder is an individual/person:
When the shareholder is an individual, whether they are an Indian national or a foreign national, the identity proof and address proof as detailed in the article must be submitted for all individual shareholders of the company.
b) Where the shareholder is a corporate or legal entity:
When the shareholder is a corporate entity such as a company, LLP, etc., the required documents for company registration in India are:
- Certificate of Incorporation (COI)
- Memorandum of Association (MOA)
- Articles of Association (AOA)
- Board resolution or Authorization letter
Note: Please note that if a shareholder is a foreign corporate entity, all the documents specified above for the corporate or legal entity must be apostilled or notarized.
Explanation:
In the event that the subscriber is already holding a valid DIN and the particulars provided therein have been updated as of the date of application, and the declaration to this effect is given in the application, the proof of identity and residence need not be attached.
Conclusion:
In conclusion, adherence to the documentation requirements outlined by the Companies Act, 2013 is paramount for smooth company registration processes. By meticulously furnishing the necessary documents, companies uphold legal standards and ensure transparency in their operations. Such compliance not only satisfies regulatory obligations but also reinforces the foundation for ethical and effective corporate governance, promoting accountability and strategic foresight within the organization.
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Disclaimer:
This document is intended for informational purposes and provides a general overview of the documents for company registration in India as per the Companies Act, 2013. It should not be construed as legal advice. Entities and individuals must consult legal experts to ensure compliance with the specific legal requirements and interpretations of the Act.
Prepared by
Mr. Smruti Ranjan Sahoo
(B. Com., LL.B)
