Section 2 clause 20 of the Companies Act, 2013 (“ACT”) defines company as a company incorporated under this Act or under any previous company law.
The company is a legal entity entitled under the Companies Act 2013.
Company registration is the process of registering a company online with 2 Shareholder and 2 Directors, where we prepare and file required documents through specific forms with Ministry of Corporate Affairs (“MCA”) (www.mca.gov.in)
All the companies are registered under the MCA, registered by the Central Registration Centre (“CRC”) an initiative of MCA in Government Process Re-engineering (GPR) with the specific objective of providing speedy incorporation related services in line with global best practices.
Also Read: Method to register a company in delhi
Registration procedure of Private Limited Company and Public Limited Company is similar, but both the forms posses’ different structural attributes,
The basic differences between Public Limited Company and Private Limited Company are tabled below:
| Particulars |
Limited Company – Public Limited Company |
Private Limited Company |
| Section | Defined under section 71 | Defined under section 68 |
| Transfer of shares | One can easily transfer the shares | Transfer of shares is restricted |
| Invitation to the public to subscribe for any securities of the company | Can invite the public to subscribe the shares | Prohibited in case of private limited |
| Minimum – Maximum number of director to be appointed | 3 Directors – 15 Directors**
**Provided that a company may appoint more than fifteen directors after passing a special resolution |
2 Directors and 1 in case of OPC – 15 Directors**
**Provided that a company may appoint more than fifteen directors after passing a special resolution |
| Minimum – Maximum number of members | 7 members – No Limit | 2 Members – 200 Members (except OPC) |
| Compliances to be followed | More as compared to Private Limited Company | Few compliances as compare to public Limited Company |
Companies are of three types:
- Private Company
- One Person Company Private Limited
- Public Company
The procedure of registration of company in India is discussed herein:-
- Reserve name via “Reserve Unique Name i.e. RUN facility”
- Obtain digital signatures for the subscribers to the Memorandum and Articles of association of the company and the directors
- Finalization of the Memorandum and Articles of Association of the company
- Preparation of declarations, consent from directors, undertaking for not having PAN, Subscription sheet and other related documents
- Based on the kind and number of subscriber, file MOA and AOA either electronically or physically
- File SPICe (mandatory) and SPICe MOA and SPICe AOA (based on kind and number of subscriber)
- Get the Certificate of Incorporation along with PAN / TAN number and
- Application for Goods and services tax Identification number (GSTIN), Employee Provident Fund organization (EPFO), Employee State Insurance Corporation (ESIC)
- Get the verification of registered office done within 30 days
- File a declaration through its director within 180 days of Incorporation stating that the subscribers to the Memorandum have paid the value of shares subscribed by themSo this is how you can get your company registered within 10-15 Working days in a hassle free online process.
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