Wednesday, September 7, 2022

Document Required for Registration of the Company

 If you’re considering setting up a company in India, the first step is the company registration; the process is very hectic and lengthy, and it will take time to register if you are unfamiliar with the documents registering, and these required documents may vary as you register your company as an Indian resident or foreign resident; here, we discuss all kinds of documents required while registering:

1. For Indian Nationals Directors

1.1 Pan Card

A permanent Account Number or PAN card is an essential document while registering a company in India, as it is required to open a bank account, file taxes, and perform other financial activities. The Indian Income Tax department has issued this document with a unique 10-digit code under Company’s Director name.  

1.2 Address Proof:

Along with the Pan Card, Address verification proof is the most crucial document for registering the company if you're Indian Nationals; In address proof, you must have the name of the proposed Director of the registering company as it appears on your PAN Card, your current address, and can't be older than two months. As proof of address, you can use the following documentation:

  1. Aadhaar Card
  2. Passport
  3. Driving License
  4. Election Card or Voter Identity Card
  5. Telephone Bill
  6. Ration Card
  7. Electricity Bill

1.3 Residential Proof:

 The residential proof of the proposed director of the company is required to be submitted while registering the company. It should not be more than two months old from the date of submission, and the director's name should be written exactly as it is on the PAN card.

In case of foreign national Director, all the documents must be notarised or appostillised. The Foreign directors are required to acquire DIN before proceeding for the company registration in India.

2. Indian & Foreign National Shareholders

2.1 Passport

 A passport is necessary for foreign nationals to prove their identity. Additionally, the passport must be apostilled or notarized in the nation where it was issued. If the document is written in a language other than English, it must be translated into English by a certified translator and then notarized or apostilled. In the event that the passport does not include the holder's date of birth, it is required to be legally certified, attested, notarized, or apostilled.

2.2 Address Proof

 The proposed Director must also submit a notarized or apostilled address proof in addition to a copy of their passport. The Director's name as it appears in the passport and the Director's most recent address must both be included in the submitted address proof. Additionally, the document is not more than a year. These are the acceptable address proof documents for foreign nations:

  1. Bank Statement
  2. Driving License
  3. Residence Card
  4. A form of identification issued by the government that includes the address.

2.3 Residential Proof

 In order to validate the current address of the Director, you must submit both an address proof and a residential proof when incorporating your company.

The Director's name must appear on the residential proof, and neither proof may be more than one year old. The following documents are recognized as residential proof:

  • Mobile Bill
  • Bank Statement
  • Telephone Bill
  • Electricity Bill

2.4 Apostillised Enclosures

 In the event that any of the subscribers or shareholders to the MOA and AOA are corporate entities (like a Company or Limited Liability Partnership, LLP), then Then, together with the decision made by the Body Corporate, enabling them to subscribe to the shares of the company under incorporation, their Certificate of Incorporation must be attached.

Along with the above documentation and proof, a professional would draught various documents like AAO, MOA, and INC-9. The Company's founders need to sign and notarize these incorporation documents in order to formalize the company's formation.

If a foreign national who is a subscriber has a valid business visa, In that case, they must also submit a linked filing of an eMOA (INC-33) and an eAOA (INC-34) along with their valid business visa. By any means, if business visa is not available, then an apostilled MOA and AOA must be attached; in this situation, eAOA (INC-34)  and eMOA (INC33) are NOT acceptable as proof.

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