Documents Required for the Formation of a Company
We provide details and descriptions of the documents required for Guide to Company Registration in India in this article for entrepreneurs who are interested in beginning the registration process.
Director: an Indian national
For Indian nationals to incorporate in India, the following documents are required:
To register a company, a copy of the proposed Directors’ PAN Cards will be required. A PAN, or Permanent Account Number, is an ID number issued by the Indian Department of Income Tax. When incorporating a company, Indian National Directors must submit their PAN.
PAN CARD: Note: The name on the PAN Card will be used by the Ministry of Corporate Affairs for all matters pertaining to the company. For this reason, it is necessary to first change the PAN Card in case of a mistake in the name or a name change due to marriage or any other reason.
Address : Besides the PAN Card copy, the proposed Director will need to submit a proof of address as well. A proof of address must include the director’s name, as listed on the PAN Card, as well as his or her current address. In addition, it must not be older than 2 months. The following documents are acceptable for Indian nationals as address proof.
- Obtaining a passport
- Voter ID
- Ration Card
- Driver’s License
- Bill for electricity
- Bill for phone calls
- Aadhaar Card
Residential Proof: Along with the address proof, a residential proof is required to validate the address of the Director during the incorporation of the Company. In addition to containing the name of the Director as stated in the PAN Card, the residential proof must also be less than two months old.
Director: Foreigners
Foreign nationals wishing to Incorporate a company in India must submit the following documents:
Passports are mandatory as a proof of identity for foreign nationals. Passports must also be notarized or apostilled in their country of issue. If the document is in a foreign language, it must be translated into English by an official translator and notarized or apostilled. A second, separate document that identifies the date of birth of the Director must be provided, duly certified, attested or notarized or apostille.
A In addition to the notarized or apostille passport copy, the proposed Director must provide a notarized or apostille address proof. The address proof must include not only the name of the Director, but also the Director’s most current address. Additionally, it cannot be older than one year for foreigners. For proof of their address, foreigners can submit the following documents.
- Driver’s License
- Resident Card
- Statement of your bank account
- Identity card issued by the government that contains an address.
In case the document is in a foreign language, then it must be translated by an official translator and notarized or apostilled.
To validate the current address of the Director, a residential proof must be submitted along with the address proof when the company is formed. In addition to the address proof, the residential proof must contain the name of the Director listed in the passport and cannot be older than one year. Acceptable residential proof includes the following documents:
- Financial Statements
- Electricity Bill
- Telephone Bill
- The mobile phone bill
In case the document is in a foreign language, then it must be translated by an official translator and notarized or apostilled.
Proof of Registered Office
In It is mandatory for Directors to provide proof of their identity, residential address, and registered office address, in addition to providing the Company’s registered office address. In order to prove the company’s registered office, the following documents must be submitted during registration or within 30 days of incorporation.
- In the name of the company, the title to the premises of the registered office.
- An original notarized lease/rent agreement in the company’s name as well as proof that the rent has been paid no more than one month ago;
Proof of registered office must also include the following:
- This has usually been referred to as “NOC from Landlord”. Legally speaking, it signifies permission from the Landlord (name in Electricity, Gas, or Water bills, Property Tax Receipts or Sale Deed) to use the premises as the registered office of the company; AND
- Provide a document, such as a utility bill, that proves the address of the property, depicts the owner’s name, and is not more than two months old.
Shareholder: Indian or foreign national
As detailed in the article, proof of identity and address must be submitted by all shareholders of the company (i.e., those who subscribe to the Memorandum of Association and Articles of Association).
Shareholder: A corporation or a legal entity
It is necessary to attach the Certificate of Incorporation of the Body Corporate along with the resolution passed by the Body Corporate to subscribe to shares of the company under incorporation if one of the shareholders or subscribers is a corporate entity (Company, LLP, etc.).
The promoters of the company have to sign and notarize the following legal documents: INC-9, MOA, AOA, among others, in addition to the proofs and documents listed above.
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