Corporate Documents & Registration of a Company in India


India Law for Forming an Indian Company

An application for registration should be submitted to the registrar of companies with the following documents:

1. Memorandum of Association;

2. Articles of Association;

3. a declaration signed by a person named in the articles of the proposed company as a director, manager, or secretary of the company, or by an advocate of the Supreme Court or High Court, or by an attorney entitled to appear before the High Court, or by a chartered accountant practicing in India stating that all the requirements of the Companies Act 1956 and the applicable rules with respect to the registration and other matters have been complied with;

4. a list of persons who have consented to act as directors of the company.

5. if the proposed company is a public company, consent of very person prepared to act as a director must be submitted in a prescribed form;

6. information about directors, managing directors and managers and secretary must be submitted in a prescribed form;

7. information about the registered office in a prescribed form;

8. power of attorney in favor of one of the promoters or any other person, authorizing him/her to make corrections in the documents submitted to the registrar of the companies, if it becomes necessary; and

9. applicable registration fee payable to the registrar of the companies.

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India Business Entities In India

India Business Law

There are following type of business entities in India:

  • Private Limited Company
    –is not open to public and it has from 2 to 50 shareholders whose liability is limited
  • Public Limited Company
    –is open to public and it has 7 or more shareholders, whose liability is limited, and at least 3 directors
  • Unlimited Company
    –does not restrict the liability of its shareholders
  • Partnership
    –has 2 or more members whose liability is not limited
  • Sole Proprietorship
    –has 1 member whose liability is not limited

In addition to the above,  the following types of business entities are available for foreign investors doing business in India:

  • Liaison Office
  • Project Office
  • Branch Office
  • Stand Alone Branch Office