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FAQs – Company Registration Lawyer in Delhi

1. What are the types of companies I can register in India?

You can register various types of companies, including:

• Private Limited Company - A type of business entity that limits the liability of its owners and often has restrictions on share transfer, making it a popular choice for small to medium-sized enterprises seeking to protect personal assets while allowing for growth and investment opportunities.

• Public Limited Company - A Public Limited Company (PLC) is an organization whose shares can be publicly traded on a stock exchange, allowing for greater access to capital and investment opportunities.

• Limited Liability Partnership (LLP) – A Limited Liability Partnership (LLP) is a business structure that combines the benefits of a corporation and a partnership, protecting its partners from liabilities and allowing for flexible management while maintaining tax advantages.

• One Person Company (OPC): A type of business structure that allows a single individual to operate a company with limited liability, combining the benefits of a sole proprietorship with the corporate framework, enabling easier financing, risk management, and potential tax advantages.

• Section 8 Company (Non-profit): A Section 8 Company is a type of non-profit organization established under the Companies Act, primarily focused on promoting social welfare, education, and other charitable purposes, working towards the betterment of society without the intention of earning profits for its members, and ensuring that any surplus generated is reinvested to further its goals and objectives.

2. What are the basic requirements to register a company in Delhi?

To register a Private Limited Company, you need:

• Minimum 2 directors and 2 shareholders are required to ensure a balanced governance structure and diverse ownership representation, which enhances decision-making and promotes accountability within the organization.

• A registered office address in India, which serves as the official location for all correspondence and legal documents related to a business, ensuring compliance with local regulations and enabling effective communication with government authorities and clients.

• Digital Signature Certificate (DSC) for all directors, which is essential for signing important documents electronically, ensuring authenticity and integrity in online transactions, and complying with legal requirements in various jurisdictions.

• Director Identification Number (DIN): A unique identification number that is assigned to an individual who wishes to become a director of a company, which is a mandatory requirement for conducting corporate activities and ensuring compliance with regulatory frameworks, thereby enhancing transparency and accountability in corporate governance.

• MOA (Memorandum of Association) and AOA (Articles of Association) are foundational documents that outline the key aspects of a company’s structure, governance, and purpose, defining the relationships between the company, its shareholders, and its regulatory framework.

3. How long does it take to register a company in Delhi?

Typically, the company registration process takes 7–15 working days, depending on:

• Document submission process for application, including necessary forms, required signatures, and submission deadlines.

• Name approval is a crucial step in the process that ensures the chosen name meets all necessary criteria and guidelines before finalization.

• Registrar of Companies (RoC) processing involves the submission, review, and approval of various documents necessary for the incorporation and regulation of companies, ensuring compliance with relevant legal requirements and maintaining company records.

4. What are the documents required for company registration?

• PAN and Aadhaar of directors/shareholders for verification and compliance purposes in accordance with regulatory requirements, ensuring that all necessary documentation is accurately submitted and maintained for records.

• Passport-size photos that meet the specific requirements, such as size, background color, and facial expression.

• Address proof (electricity bill, rent agreement, or any official document that verifies your current residence, such as a utility bill, bank statement, or lease contract)

• NOC from the property owner (if rented), which is a No Objection Certificate confirming that the property owner agrees to the terms of the rental agreement and has no objections to the tenant's occupation of the premises.

• Office address proof is a crucial document that serves as verification of the physical location where a business operates, ensuring compliance with legal requirements and facilitating official correspondence.

5. Can foreign nationals or NRIs register a company in India?

Yes. Foreign nationals and NRIs can register a company in India, subject to FDI guidelines and with at least one Indian resident director. This process entails several compliance requirements that must be adhered to in order to ensure successful registration. Additionally, foreign entities may be required to secure necessary licenses depending on the nature of the business they intend to operate. Understanding local regulations and obtaining the appropriate approvals is crucial, as it ensures that the company aligns with India's legal framework while also tapping into the diverse and expansive market opportunities available.

6. Do I need a lawyer to register a company?

While it is not mandatory, hiring a company registration lawyer ensures:

• Proper document drafting (Memorandum of Association, Articles of Association, No Objection Certificate, various agreements and contracts)

• Legal compliance with the Companies Act, 2013, which entails adhering to regulations regarding the formation, registration, and management of companies, ensuring that proper records are maintained, and that annual filings are completed in a timely manner to maintain good standing.

• Avoidance of delays and rejections by RoC by ensuring all necessary documents are submitted timely, adhering to all guidelines, and following up regularly with the relevant authorities to maintain clear communication.

7. What is the cost of registering a company in Delhi?

Costs vary depending on:

• Type of company, which can refer to different categories such as sole proprietorships, partnerships, and corporations, often determines the structure, tax obligations, and legal responsibilities associated with running a business.

• Government fees related to various services and processes can include charges for permits, licenses, and registrations, which are essential for compliance with local regulations and to ensure lawful operations.

• Professional charges
  On average, the cost ranges from ₹7,000 to ₹25,000 for a Private Limited Company (inclusive of DSC, DIN, and government fees). In addition, factors such as the complexity of the company structure, additional licenses required, and professional consultation fees may influence the final price, leading to variations within this range depending on specific client needs and project scope.

8. What is the role of a company registration lawyer?

A company lawyer helps with:

• Legal advice on structure and compliance, including guidance on regulatory requirements for businesses and ensuring that all practices align with current laws and standards.

• Drafting legal documents that clearly outline the rights and responsibilities of all parties involved, ensuring compliance with relevant laws and regulations to minimize risks and disputes in future transactions.

• Filing with MCA and RoC is essential for ensuring compliance with the Companies Act, enabling businesses to maintain legal standing, and facilitating transparency in corporate governance.

• Post-registration support (GST, PAN, bank account, etc.), ensuring that all compliance needs are met, providing guidance on filings and renewals, and assisting in navigating bureaucratic processes for seamless operations.

9. Can I register a company online in Delhi?

Yes. The Ministry of Corporate Affairs (MCA) allows online company registration via the SPICe+ portal, which covers a comprehensive range of services including name approval, incorporation, PAN, TAN, EPFO, ESIC, and GST registration. This streamlined process is designed to facilitate new business ventures by providing entrepreneurs with a convenient platform that minimizes paperwork and reduces the time involved in setting up a company. With the SPICe+ portal, applicants can easily navigate through the different stages of registration, ensuring that all necessary documentation is submitted correctly and efficiently. Additionally, the digital nature of this service allows for quicker processing times, enabling businesses to commence operations without unnecessary delays.

10. What are the post-incorporation compliances for a company?

After registration, a company must:

• Open a current bank account at your preferred financial institution by filling out the necessary forms and providing required identification.

• Appoint an auditor to conduct a thorough review of the financial statements and internal controls to ensure compliance and accuracy in reporting.

• Issue share certificates to shareholders in accordance with the company's policies and regulations, ensuring that all necessary documentation and approvals are obtained to comply with legal and financial requirements.

• File commencement of business (Form INC-20A) with the Registrar of Companies to officially initiate the operations of the entity and ensure compliance with the legal requirements set forth by the governing authorities.

• Maintain statutory registers and file annual returns in compliance with legal requirements, ensuring accurate and timely reporting to relevant authorities and stakeholders.