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Opening a Private Limited Company in India

What happens when a person in India considers starting his own company?- He gets puzzled at the first by the do’s and don’ts and all the procedural intricacies irritate him a lot. My post will answer questions that answer how to open a company in India. It will describe approximately all the required rules and procedures.
These are the basic steps involved in starting a business in Maharashtra. However in some states or cities one may have to go through some additional processes that one will have to find out.




Step 1: Obtain DIN (Director Identification Number) 
Method: Can be done online from the website of Ministry of Corporate Affairs government of India.
Time Taken: 1 Day
Cost:  INR 100
Process: The provisional DIN will be issued immediately. The applicant will have to get the application form printed and signed and sent for approval to the ministry by courier along with the proof of identity and address.

 Step 2:  Obtain DSC (Digital Signature Certificate)
Method: Can be done online from private agencies authorized by Ministry of Corporate Affairs government of India.
Time Taken: 4 Days
Cost: INR 1500
Process:  To use the new electronic filing system under MCA 21, the applicant must obtain a Class-II Digital Signature Certificate. The digital signature certificate can be obtained from one of six private agencies authorized by MCA 21 such as Tata Consultancy Services. Company directors submit the prescribed application form along with proof of identity and address. Each agency has its own fee structure, ranging from INR 400 to INR 2650.

Step 3: Reserve the company name online with the registrar of companies.(ROC)
Time:  1 Day
Cost: 500
Process: The applicant can check the availability of desired company name online (website: http://www.mca.gov.in/). ROC suggests to provide them at least 6 company names. Then they are checked by the ROC staff for any similarities with all other names in India. Once when a company name gets confirmed it is displayed on the MCA website. 

Step 4: Stamp the company documents at the state treasury (State) or authorized bank (Private)
Time Taken: 1 Day
Cost: Depends on the state. (Rate of stamp duty varies from state to state)
Process: The applicant will have to submit the documents accompanied by unsigned copies of the Memorandum and Articles of Association and the payment receipt. Applicant will have to ensure that the document submitted to Superintendent of Stamps or to the authorized back for stamping are unsigned and that no promoter or subscriber has written anything on it.

Step 5: Getting the certificate of incorporation from the Registrar of Companies.
Time Taken: 5 days.
Process: This process requires filing the forms from the website of Ministry of Company Affairs along with the documents, scanned copies of the consent of the directors. This can be done online and offline.

Step 6: Make a seal
Time Taken:  1 Day
Cost:  INR 350 (Cost depends on the number of seals required and the time period for delivery)
Process: For the company to be incorporated making a seal is not a legal requirement.

Step 7: Obtain a PAN (Permanent Account Number) from an authorized organization.
Cost:  INR 67
Time Taken: 7 days
Process:  An applicant will have to reach any authorized franchise or agent appointed by NSDL    (National Securities Depository Limited) or the UTI (Unit Trust of India) Investor Services Ltd. as outsourced by Income Tax Department. Applicant’s physical presence is important for document verification.

Step 8: Obtain a Tax Account Number (TAN)
Cost: 57
Time Taken: 7 days
Process:  The application for allotment of a TAN must be filed using Form 49B and submitted at any TIN Facilitation Center authorized to receive e-TDS returns. The list of TIN Facilitation Centers can be found at www.incometaxindia.gov.in. The hard copy of the application must be physically filed with the NSDL.

Step 9: Register with the Office of Inspector. Shops and Establishment Act (State/ Municipal)
Time Taken: 2 Days
Cost:  INR 6000
Process: A statement containing the employer-"s and manager-"s names and the establishment’s name (if any), postal address, and category must be sent to the local shop inspector with the applicable fees.  

Step 10: Register for Value Added Tax (VAT) at the State Commercial Tax Office
Cost: INR 5100
Time Taken: 12 Days
Process: The authorized representative signing the application must be available at the Sales-Tax Office on the day of application verification. The applicant goes to the Sales-Tax Office and up to the registration counter. The clerk at the counter verifies that the applicant has all the required documents and gives the applicant a token (waiting number). After a short wait, the applicant-"s number is called and the applicant approaches the desk of a sales-tax officer.

Step 11: Register for Profession at Profession Tax Office.
Time Taken: 2 Days
Cost: Nothing
Process: According to section 5 of the Profession Tax Act, every employer (not being an officer of the government) is liable to taxation and shall obtain a certificate of registration from the prescribed authority. The company is required to apply to the registering authority using Form 1.
    
Step 12: Register with Employees’ Provident Fund Organization (National)
Time Taken: 12 Days
Cost: Nothing
Process: The Employees Provident Funds and Miscellaneous Provisions Act (1952) applies to an establishment, employing 20 or more persons and engaged in any of the 183 industries and classes of business establishments, throughout India excluding the State of Jammu and Kashmir.
The applicant fills in an application and is then allotted a social security number. The Provident Fund registration focuses on delinquent reporting, underreporting, or non-reporting of workforce size. Provident Fund registration is optional if the workforce size is not more than 20. The employer is required to provide necessary information to the concerned regional Provident Fund Organization (EPFO) in the prescribed manner for allotment of Establishment Code Number. No separate registration is required for the employees.
Nevertheless, all eligible employees are required to become members of the Fund and individual account number is allotted by the employer in the prescribed manner. As per an internal circular, the code number is to be allotted within 3 days of submission, if the application is complete in all respects. However, in many cases applicants have received the intimation letter with the code number in 12 to 15 days. An online application facility is not provided so far.

Step 13: Register for medical insurance at the regional office of the Employees’ State Insurance Corporation
Cost: Nothing
Time Taken: 9 Days
Process: As per the Employees’ State Insurance (General), Form 01 must be submitted by the employer for registration. It takes 3 days to a week for the Employer Code Number to be issued. The-" "intimation letter""- containing the Code Number is mailed to the employer and that takes an additional couple of days.

6 comments: Leave Your Comments

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