Company registration in India is a process that takes place with the Registrar of Companies, which is overseen by the Ministry of Corporate Affairs. In this article, our lawyers in India discuss the role of the registrar and its main functions. Our team can also provide complete assistance during the mandatory submissions with this authority.
| Quick Facts | |
|---|---|
| Trade Register’s full/official name | The Registrar of Companies (ROC) |
| Services offered by our team for registrations with this authority | Our lawyers in India assist entrepreneurs during all the relevant company incorporation stages, including with submissions to the Indian ROC. |
| Main role of the Registrar of Companies | To ensure the lawful and adequate registration of companies and partnerships in the country. |
| Organizational chart | ROC has regional offices in India, |
| Laws observed by and implemented by the Registrar | The Companies Act and other laws and regulations |
| Legal entities registered with the Indian ROC | Companies and limited liability partnerships |
| Public services offered by the Registrar of Companies | Indian company public search, company name searches |
| Compliance insurance | According to the relevant sections of the Companies Act |
| Modifications | Changes brought to Indian companies can include name and office changes, ownership structure modifications and others. |
| Modification notification | All particulars changes brought to companies are to be notified. |
| Renewals | Required in some cases |
| Company names | Name search options are available as part of the pre-registration process. |
| Company name changes | If a new name is available, it may be changed |
| Company deregistration | Striking off and winding up are possible. As a result, the company is removed from the Registrar of Companies. |
| Registrar of Companies fees – examples | Fees vary according to inquiries. Can start at INR 100 for accessing public information on Indian companies. |
Table of Contents
The Indian Registrar of Companies – main role
The Ministry of Corporate Affairs governs the incorporation of new legal entities in India through its Registrar of Companies. The role of the registrar is a multi-faceted one as it includes both registrations for companies and business names, along with ensuring that the current compliance requirements for companies are being followed.
At the same time, the Registrar of Companies also oversees the filing and compliance requirements for foreign companies, all in a united effort to observe the rules and regulations included in the Companies Act and its amendments and additions.
Our attorneys in India highlight the main functions of the Companies Registry in this country:
- Receive and process applications for business registration in India;
- Receive, process, and take note of changes brought to existing registered companies;
- Receive and handle annual filings;
- Handle the receipt of registrations in the case of foreign companies;
- Provide access to searching and registering business names;
- Grant the public access to information on registered companies (via a special portal, subject to conditions).
The services offered by the Registrar of Companies have been updated and modernized by the Indian Government, through the overseeing Ministry, so as to increase the ease of doing business in the country and offer improved accessibility.
General steps for company registration in India
To register a company in India, the founders will follow a multi-step process:
- Choose a suitable business form;
- Decide on the company’s name and reserve it through the separate service provided by the Registrar;
- Prepare to provide information on the company directors and other data;
- Draft the company’s incorporation documents, which will be submitted with the Registrar (the Memorandum and Articles of Association);
- Submit the documents for business registration in India with the Ministry of Corporate Affairs, through the Registrar of Companies.
Registration requirements also apply to branches in India. Our Indian lawyers can provide information on the specific rules that are in place in the case of foreign companies interested in expanding their operations to the country.
What to keep in mind for business registration in India
The Ministry imposes certain fees for the operations performed with the Registrar. These include those for registering the business name and entering the new company into the registry, as well as the fees that apply for searching public information on existing companies. Our team highlights some of the search fees:
- INR 100 for viewing company documents;
- INR 50 for viewing limited liability partnership documents;
- INR 100 to receive a certified copy of the legal entity’s Certificate of Incorporation;
- INR 25 per page per document for public documents belonging to registered companies.
Please keep in mind that these fees can be subject to change.
An important part of the services offered by the Registrar concerns changes brought to existing businesses. Company owners may change the business particulars once it is incorporated, meaning that they can alter the share capital, they can change the registered office, or appoint a new manager, as may be required on a case-by-case basis.
The experts at our law firm in India can provide more detailed information on the registration requirements for companies and partnerships, as well as the general rules for other business forms. Contact us for details on business creation in India.