It is important to know the list of documents required for a company registration for entrepreneurs starting the process. Documents necessary for company registration are described and detailed in this article.
Directors: Indian Nationals
In order to incorporate a company in India, Indian citizens must submit the following documents:
The proposed Directors of the Company must submit a copy of their PAN card in order to register the company. India’s Department of Income Tax issues PANs to identify individual accounts. During the incorporation process, it is mandatory for Directors who reside in India to submit a PAN.
In all matters pertaining to the company, the Ministry of Corporate Affairs will use the name on the PAN Card. As a result, the PAN Card must be updated in the event of a typographical error or a name change resulting from marriage or any other reason.
A copy of the director’s PAN card must be submitted along with the proof of address. In the proof of address, the director’s name as stated in the PAN card must be included, as well as the director’s most current address. Additionally, the proof of address must not be older than two months. Below are some acceptable proofs of address for Indian nationals.
- Passport
- Election Card or Voter Identity Card
- Ration Card
- Driving License
- Electricity Bill
- Telephone Bill
- Aadhaar Card
Additional to the address proof, residential proof is required to validate the current address of the Director during the incorporation of the company. In addition to the name of the Director, the residential proof must be no older than two months, as it is required for address proof. Residential proof documents include:
- Bank Statement
- Electricity Bill
- Telephone Bill
- Mobile Bill
Director of Foreign Nationals
For foreign nationals to incorporate in India, the following documents are required:
Foreign nationals are required to have a passport as proof of identity. Notarization and Apostille are also required in the country where the passport was issued. An official translator must translate the document into English and notarize or apostille it if the original is in a foreign language. Furthermore, a document indicating the date of birth of the Director must be attached if the Passport does not contain it, and should be certified, attested or notarized or apostilled.
Additionally, the proposed Director must submit an addressed proof that is notarized or apostilled, in addition to the notarized or apostilled passport copy. On the address proof, the director’s name and address must be as stated in the passport. Foreign nationals must also have a document that is less than one year old. Proof of address for foreign nationals includes the following documents.
- Driving License
- Residence Card
- Bank Statement
- Government-issued form of identity containing the address.
Whenever the document is in a foreign language, it must be translated and notarized or apostilled by an authorized translator.
As part of the incorporation process, the company must submit a residential proof to verify the director’s current address. In addition to the name and address of the director appearing in the passport, the residential proof must also be no older than one year old. The following documents can be used as residential proof:
- Bank Statement
- Electricity Bill
- Telephone Bill
- Mobile Bill
In the event that the document is in a foreign language, it should be translated by a professional translator and apostilled or notarized.
Proof of Registered Office
Proof of the Company’s registered office address must be provided along with the directors’ identities and addresses. Within 30 days of incorporation or during the company registration process, the following documents must be submitted as proof of registered office.
- In the case of a business entity, the legal title of the registered office; OR
- An original notarized lease / rental agreement in the company’s name along with a recent receipt for rent paid;
Proof of registered office must also include the following documents:
- The company is allowed to use the premises as its registered office with the permission of the building owner (named on the Electricity Bill or Gas Bill or Water Bill or Property Tax Receipt or Sales Deed). A NOC from a landlord is typically required; AND
- A utility bill stating the name of the owner and the address of the property, depicting the service in question, that is no older than two months.
Shareholders: Indians and foreign nationals
Each shareholder of the Company (i.e., the subscribers to the Memorandum of Association (MOA) and Articles of Association (AOA)) must provide identification and address proofs as described in the article.
Shareholder: Corporate Entity or Artificial Judiciary
When one of the shareholders or subscribers to the MOA and AOA is a corporate entity (for example, a company, partnership, LLP, etc.,) then the body corporate’s Certificate of Incorporation with the resolution that the body corporate subscribers to the shares of the newly incorporated company must be attached.
In addition to these proofs and documents, professional drafters would be required to draft documents such as INC-9, MOA, and AOA. The promoters of the company must sign and notarize these legal documents.
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