5 Simple Steps to Obtain a Certificate of Incorporation and Launch Your Business
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Certificate of Incorporation Meaning
The Registrar of Companies (RoC) issues a Certificate of Incorporation (COI) as a formal document that certifies a company’s creation and registration.
This certificate proves that your business has become a legally recognized entity after completing the incorporation process.
The process for incorporating a business is outlined in Section 7 of the Companies Act 2013, with the Certificate of Incorporation, which can be given by the State Government.
The Ministry of Corporate Affairs, being the last stage in the process. It gives the business a legal identity and a permission to open for business.
How Can I Get an Certificate of Incorporation?
1. Obtain a Directors Identification Number (DIN) and Digital Signature Certificate (DSC)
Get a DSC first from a source that has been authorized and approved by the Ministry of Corporate Affairs. The SPICe+ form utilized in registration is validated by this DSC. Moreover, get the DIN that directors require.
2. Request for approval of name
Prepare the suggested company name and send it to the Registrar of Companies (ROC) for approval. In this phase, you have to make sure the name is both unique and compliant with standards.
3. Drafting the Articles of Association (AOA) and Memorandum of Association (MOA)
Describe the goals, regulations, and organizational structure of the corporation in the draft and finalized MOA and AOA.
These essential documents need to be filed in accordance with the correct procedures for the incorporation of a company throughout the incorporation process.
4. Submitting the electronic forms and paying the Registrar’s costs
Fill out the SPICe form with the necessary information about the company, the directors, and the distribution of shares. Send this form to the Registrar together with the required payment.
5. Certificate of Incorporation Issuance
The Certificate of Incorporation is issued by the Registrar following the successful verification and approval of the paperwork. This establishes the company’s official start and validates its status as a distinct legal entity.
Documents Needed in India to Get a Certificate of Incorporation of a Private Limited Company
Identity and address evidence include, voter ID, passport, Aadhar card, driver’s license, and PAN cards for directors, subscribers, and partners, PAN card, utility bills or bank statements.
Evidence of the Registered Office
- Title to Real Estate: Any utility bill, such as an electricity bill, or a corporate tax receipt, which must be received within 30 days.
- The right to use the property, as stated in the rental agreement or the owner’s No Objection Certificate (NOC).
- Articles of association (AOA) and memorandum of association (MOA) for the registration of public limited companies, private limited companies, and one-person companies, among others.
- Declaration and Assent of the Nominees and Suggested Directors/Partners
Fees for COI in India
The allowed capital, the kind of company, and any extra services can all affect the costs associated with obtaining a Certificate of Incorporation (COI) in India. The charge structure is broken down into categories such as stamp duty, professional fees, and government costs.
At Lawgical Adda, we have customized our offerings to meet the needs of creative business owners who want to launch and license their enterprises.
With this goal in mind, we offer simple registration options for Limited Liability Partnerships (LLP), One Person Companies (OPC), and Private Limited Companies (Pvt) so you can formally register your company and obtain a Certificate of Incorporation.
Modifications to the Incorporation Certificate
The Certificate of Incorporation becomes the company’s identity once it is secured. According to Rule 29 of the Companies (Incorporation) Rules, 2014, if the business wants to change its name, it must first determine whether a new name is available.
Then hold an EGM, adopt a special resolution, then apply to the Registrar for name approval. A new Certificate of Incorporation will be issued by the Registrar following approval.
On the other hand, the Certificate of Incorporation won’t change if the company’s address does. The business must apply for the necessary forms and guarantee that the corporate master data is modified.
No revisions can be made retroactively since the address on the Certificate of Incorporation is current as of the date of incorporation.
FAQs
- Is certificate of incorporation required for private limited company?
A legal document that is necessary for LLP or company registration, the Certificate of Incorporation establishes the legitimacy of the LLP or private limited company.
- Who will issue the Certificate of Incorporation?
A certificate known as a Certificate of Incorporation is given to a company by the Registrar of Companies upon its registration.
- Which company needs Certificate of Incorporation?
To get a Certificate of Incorporation, which confers a legal identity and permits business operations, a private limited company is required to adhere to legal processes.
It is issued by the Ministry of Corporate Affairs and contains the name of the firm, its mission, its registered office address, and information about its stocks.
If you’re looking to register a Section 8 Company, Public Limited Company, or Private Limited Company, or need assistance with checking company name availability, reach out to Lawgical Adda for expert support. Focus on what you do the best! Let Lawgical Adda handle the rest. Contact us today!
Lawgical Adda’s solution provides end-to-end management of corporate governance and secretarial compliances, encompassing every phase of the entity life cycle. Don’t hesitate to get in touch with us if you want more information on the compliance standards and to outsource them to us.
