To Begin With!
Are you thinking about starting a business in Mumbai, Maharashtra? One of the first things you need to do is register your company. A crucial step in doing business begins with company registration in Mumbai. The reason stands with the legal framework for your enterprise to operate. It provides your business with a reputable identity and protects your property. A solid foundation for your business to grow is also created. You might not know where to begin if you’ve never registered a company in Mumbai, Maharashtra. So don’t worry; we’ve got you covered. In this blog, we’ll walk you through every step of the company registration process.
When registering a company in Mumbai, Maharashtra, one of the most crucial decisions you will have to make is the type of business you wish to launch. It’s essential to understand the various company types to pick the best ones. This is because your chosen work must align with your interests.
The most popular types of companies that you can register in Mumbai, Maharashtra, are:
Each of these companies types has its own set of features, advantages, and disadvantages.
- A Private Limited Company is the most common company registered in Mumbai. It has at least two and the largest of 200 members. It is a separate legal entity from its members and is governed by the Companies Act of 2013. It has limited liability protection. It means that in the event of legal action being taken against the company, the members’ private assets are safe. One can raise funds from supporters, friends, and family by issuing shares.
- The minimum number of members required for a Public Limited Company is seven, with no upper limit. It can raise funds from the public by issuing shares, The members are guarded by limited liability protection.
- One Person Company (OPC) is a type of company introduced in the Companies Act of 2013. It is suitable for small businesses that want to operate as a company with a single person as a member. It has limited liability protection and can issue only one type of share.
- Limited Liability Partnership (LLP) is a partnership in which the partners have limited liability. It combines the advantages of a partnership firm and a company. It has at least two partners and no limit on the maximum number of partners.
Registering a company in Mumbai, Maharashtra requires various steps. So, let’s start with the second step that is crucial in this process. The second step is to get the company’s name approved by the Ministry of Corporate Affairs (MCA). This legal entity handles the regulation of various corporate sectors in India.
The company’s name plays a vital role in its identity and branding.
So, it is essential to choose a unique and distinctive name that reflects two main things:
- Company’s nature of business and
- The Objectives
The name should not be identical to any existing company or trademark, as it may lead to legal issues in the future. To get the company name approved, you must file an online application with the MCA through its portal. The application should include the following:
- Two proposed names in order of preference,
- Significance of coined words and
- Main Object of the company
The MCA will check the availability and suitability of the names and whether or not they are in line with the guidelines. It is important to note that the name approval process may take some time, and you must be patient during this period. If the first two names are not approved, you can resubmit the application with two new names.
Obtaining a Digital Signature Certificate (DSC) for each of the proposed company director is required in Mumbai, Maharashtra, to register a business. All online filings with the Ministry of Corporate Affairs (MCA) use a DSC, an electronic form of signature. The DSC guarantees the legitimacy and accuracy of the paperwork submitted to the MCA. The proposed directors must present identification and address verification documents to a certified certifying authority (CA) to obtain a DSC. The DSC is given to the directors after the CA has verified the paperwork and given it its two-year validity stamp.
Director Identification Number:
To obtain a Director Identification Number (DIN), one must apply through the Ministry of Corporate Affairs website by filling out the DIN application form. The application form requires the individual’s details, such as name, address, date of birth, and identity proof. Once the application is submitted, it will be verified, and if all the details are in order, the DIN will be issued within a few days. It is important to note that a person can have only one DIN, which is required for all company directors. Proper documentation and adherence to the guidelines will ensure that obtaining a DIN is smooth and hassle-free. If you want private limited company registration in Mumbai, Maharashtra, obtaining a DIN as per the guidelines is essential. DIN application is a part of the incorporation form.
Memorandum of Association and Articles of Association:
Memorandum of Association and Articles of Association are critical documents you must prepare before registering a company in Mumbai or anywhere else in India. Let’s simply understand what both of these have to offer:
- The MOA defines the company’s objectives.
- But the AOA outlines the company’s internal rules and regulations. These could be the responsibilities of directors, shareholder rights, and voting procedures.
These documents should follow the guidelines and be checked by a professional CA or CS. They will help you ensure these do not violate the Companies Act 2013 and other relevant laws. They play a vital role in protecting the interests of shareholders and providing clarity on the company’s structure and functioning. So pay close attention to these documents while registering a company in India.
Incorporation of Documents:
Company registration is a crucial step for any business. The main reason revolves around establishing a legal entity. The process of registering a company involves filling out various forms. These forms mark the process suggested by the regulatory authorities in the country. These forms have different names and serve different purposes.
Each form has its own relevance in the company registration process. Thus, it becomes important to understand their purpose and requirements. By filling out these forms and submitting them on time, businesses can establish a legal entity. It makes sure a company does not violate the laws and regulations of the country.
Before filing the incorporation documents for company registration in Mumbai, Maharashtra, obtaining the necessary licenses and permits is essential, as per the nature of the business. For instance, if you plan to start a manufacturing unit, you need to obtain a license from the concerned authority. Additionally, you need to open a bank account in the company’s name and get the necessary GST registration, PAN, and TAN numbers.
Getting professional help is essential for company incorporation in Mumbai, Maharashtra, especially if you need to become more familiar with the legal and regulatory requirements. A professional CA or CS can help you with the entire registration process, from the name approval to filing the incorporation documents with the ROC. They can also advise you on the most suitable company structure based on your business requirements and guide you on how to comply with the various legal and regulatory requirements after the company is registered. By seeking professional help, you can ensure that your company registration process is smooth, efficient, and legally compliant, and you can focus on your core business activities. If you want to know how to register a company in India, consulting with a professional CA or CS is highly recommended.
After a company is registered, it has to follow some rules and regulations on an annual basis called annual compliance. This is very important, and if a company fails to follow these rules, it can face penalties or even be shut down. To fulfil the annual compliance requirements, a company needs to:
- hold annual general meetings
- keep records of shareholders and directors,
- appoint auditors, and
- prepare audited financial statements.
- file annual returns
Information about the company, including the names of its directors and shareholders and any alterations, are presented in the annual return. Shareholders can discuss the company’s performance and make crucial decisions with the aid of an annual general meeting. Maintaining records of shareholders, directors, and officers is essential to keep track of important information. Appointing auditors and preparing audited financial statements is mandatory for all companies.
Starting a business in Mumbai, Maharashtra is an exciting endeavour but can also be overwhelming. With so many legal formalities to follow, company registration may seem daunting. Yet, it is a crucial step that establishes the legitimacy of your business and protects your intellectual property. By following the guidelines in this blog, you can ensure a smooth and hassle-free registration process. Before making significant decisions, consult a professional and stay informed about the latest legal requirements. With the right approach and patience, you can register your business in Mumbai, Maharashtra and set yourself on the path to success.