The Registrar of Companies (ROC) is operating under the Ministry of Corporate Affairs, India. It deals primarily with the administration of the Companies Act, 2013. The Company Registrar oversees the company registration process (also known as incorporation) in India. It includes full reporting and control of companies and their directors and shareholders and also oversees government reporting of various matters, including the annual filing of various documents. Foreign Company- A foreign company means a business space that is incorporated outside India and operates in India, either by itself or through agents, either physically or electronically.
Requirements for Company registration
- At least two directors and two shareholders.
- At least one director must be the citizen of India.
- The holding company representing the foreign company in the domestic company should nominate one person (the same person can act as the foreign director)
- Minimum authorized and pay-as-you-go capital must be invested.
Rules and regulations for company registration
Incorporate company, but keep it simple.
A limited liability corporation (LLC) is formed for less than $ 100 by states directly through the Internet without legal assistance. This avoids financial and legal liabilities from your personal assets, but does not cost you the large start-up cost and ongoing time and fees of C-Corporation.
Create a business plan online, but do not wait for funding.
Most entrepreneurs still want plans for investors, and investors are needed to build a start-up. Both are wrong. You need a simple plan and you do not need investors to set real milestones. Finding them takes more time and effort and takes away control and ownership.
Employment and Labour Law
There are also a number of government regulations on company registration that hire workers and independent contractors in the form of federal and state labour laws. This regulations helps employers determine which major employment laws apply to their business or organization, reporting requirements. We’ve focused on government regulations on business so far, but that doesn’t mean there aren’t enough state regulations to consider for your small business.
Most state and local governments have their own requirements for businesses and it is equally important that they understand their federal counterparts. “Do I need a business license?” You may be surprised. True, in most states and territories, you need a business license to operate. This is especially important for businesses in heavily regulated industries such as child care or health. Without proper licenses, states can fine your business or revoke your authority to operate.
As soon as you hire your first employee, you are legally obligated to purchase workers’ compensation insurance. In all states except Texas, businesses with employees are required to purchase workers’ camp insurance. Workers Camp Insurance protects you and your employee in the event of an accident on the job. The employee will receive medical care and insurance is always helpful for them.
Merits of Company registration
A company that is a legal entity can own its funds and other assets. The real person who owns all the property is the company and such company has the sole right to control, manage and dispose of the property at hand. Company property should not be misunderstood as property of its shareholders.
Because everyone wants to reduce their tax burden, the Income Tax Act 1961 has another major advantage for the company of a tax merger. Companies are often taxed at a lower rate and offer better taxable benefits compared to other types of business entities.
Making money as a small business and being the sole owner or partner is difficult. Under the Companies Act 2013, a company can sell shares to the public or accept deposits from the public and therefore raise money more easily than other types of business structure. There are a number of methods of financing business conducted by the company. In addition, since companies are governed by a specific law and are subject to strict disclosure regulations, they get good credit value with various financial institutions.
It is much easier to sell a business to a company than any other form of business. The value of the business corporation depends on the business, not the owner, so it makes it easier to sell the company.
Ability to claim:
As a legal person, one organization may sue in its own name and others may sue.
Company registration is done under the Companies Act, 2013 and must comply with a number of other regulatory policies governed by it, as well as the strict disclosure regulations that they authorize, which allow for better governance and value creation for employers.
Multiple relationship with directors:
Any director in a private limited company can handle multiple relationships. Any private limited company can create a contract with its own director for credit debit or transactions.
Assists in Start-up India Registration:
Company registration can be done with Start-up India in a private limited company. Under the Start-up India scheme you can avail various benefits such as raising funds, subsidizing trademark registration and reducing corporate taxes.
The government will set up a Central Registration Centre (CRC) to expedite services to include companies as part of a larger effort to facilitate business in the country. In addition to giving timely approvals, the CRC helps to ensure uniformity in the implementation of regulations and to avoid discretion. The CRC, set up by the Ministry of Corporate Affairs on the initiative of the Government Process Engineering (GPR), will officially come into force from January 27.
The official release on Monday said that it will be launched with the specific aim of providing fast integration-related services within the stipulated time frame in line with international best practices. One thing to worry about soon is that the Ministry of Corporate Affairs (MCA) plans to give each company a bank account number as soon as it is merged. The move is part of the government’s move to improve India’s ranking on the World Bank’s Business Index, especially on business start-up criteria, a senior government official told Business Standard.