What are the compliance requirements after a company is registered?

After registering a company in India, it is essential to meet specific compliance requirements to remain operational and avoid penalties. Below are the key compliance obligations: Appointment of a Statutory Auditor: A statutory auditor must be appointed within 30 days of incorporation to audit the company's accounts. Filing of Annual Returns: Submit Form MGT-7 annually to the Ministry of Corporate Affairs (MCA) to disclose shareholder and company information. Filing Financial Statement: File Form AOC-4 annually to report the company's financial statements. Conducting Board Meetings: Hold at least four board meetings annually, ensuring compliance with company governance norms. Income Tax Filing: File ITR-6 annually, irrespective of whether the company has income or is non-operational. Maintenance of Books of Accounts: Keep accurate and updated records of all financial transactions as per legal requirements. GST Filing (if applicable): File GST returns (monthly, quarterly, or annually) depending on the company's turnover.

Can a foreign national or NRI be a director in an Indian company?

Yes, foreign nationals and NRIs can be directors of an Indian company if: 1. The company has at least one resident director who has lived in India for at least 182 days in the previous calendar year. 2. They obtain a Director Identification Number (DIN) and a Digital Signature Certificate (DSC). 3. They provide required documents, including a passport, proof of address, and a consent declaration. Note: Ensuring compliance with these requirements is crucial to avoid legal issues. Platforms like IncorpX can help with the documentation and registration process.

How can I conduct a company name search online?

To conduct a company name search: 1. Visit the MCA Name Availability Tool on the MCA website. 2. Enter your proposed company name in the search bar. 3. The system will display names that are identical or similar to your query. 4. Ensure compliance with Companies Act, 2013 naming guidelines: Avoid using restricted or offensive words. Ensure the name reflects the company's objectives. You can use the IncorpX Company Name Search Tool for quick and accurate results. Enter your proposed company name to check for identical or similar names. Ensure your name complies with the Companies Act, 2013, avoiding restricted words and aligning with your company's objectives. Pro Tip: Check the trademark database to ensure the name is not trademarked by another entity.

What is the difference between authorized capital and paid-up capital?

Authorized Capital: The maximum amount of share capital a company is permitted to issue as per its Memorandum of Association (MOA). Paid-Up Capital: The actual amount received by the company from shareholders for the shares issued. Example: If a company's authorized capital is ₹10,00,000, it cannot issue shares exceeding this value. If the paid-up capital is ₹5,00,000, this means shareholders have contributed ₹5,00,000 for the shares issued so far.

How much does it cost to register a company in India?

The cost depends on the type of company. Key expenses include: Government Fees: Name Reservation: ₹1,000 SPICe+ Form Filing: ₹2,000 (for authorized capital up to ₹10 lakh). Professional Fees: ₹5,000-₹20,000 charged by chartered accountants or company secretaries. Additional Costs: Digital Signature Certificate (DSC): ₹500-₹2,000 per director PAN and TAN: Included in SPICe+ filing. Note: Costs are subject to change based on specific requirements and additional compliance needs.

How do I open a current bank account for my company?

To open a current bank account, submit the Certificate of Incorporation, PAN, Memorandum and Articles of Association, Board Resolution authorizing account opening, and KYC documents of directors to the chosen bank.

Does a private limited company have perpetual existence?

Yes, a private limited company has perpetual existence, meaning it continues to exist regardless of changes in ownership or the death of its members.

What are articles of association and memorandum of association?

The Memorandum of Association (MOA) defines a company's objectives, scope, and relationship with external parties. The Articles of Association (AOA) outline the rules and regulations for the company's internal management and governance.

What are the penalties for non-compliance with annual filings?

Penalties for non-compliance with annual filings include: A late filing fee of ₹100 per day, per form. Disqualification of directors for up to 5 years. Fines ranging from ₹50,000 to ₹5,00,000 for the company and responsible officers. In severe cases, the company may be struck off the MCA register. Additionally, non-compliance can result in operational restrictions, making it difficult to secure funding, form partnerships, or work with government agencies. It's very important for companies to adhere to these requirements to avoid both financial penalties and long-term legal consequences.

What happens if my proposed company name is already taken?

If your proposed company name is already taken, you must choose a different name that is unique and complies with the MCA's naming guidelines. You can use the MCA Name Availability Tool to check the availability of a name.

What are the corporate tax rates for companies in India?

Domestic companies are taxed at 30%, or 25% if turnover is up to ₹400 crore, with a concessional rate of 22% (25.17% effective) for companies not claiming exemptions and 15% (17.16% effective) for new manufacturing companies. Foreign companies are taxed at 40%, with surcharge and cess applicable.

How do I verify if a company is registered in India?

Visit the Ministry of Corporate Affairs (MCA) website, use the 'View Company/LLP Master Data' tool, and enter the company's name or Corporate Identification Number (CIN) to check its registration status.

Is GST registration mandatory during company registration?

GST registration is not mandatory during company registration. However, it is required if the company's turnover exceeds ₹40 lakh for goods or ₹20 lakh for services. It is also mandatory for companies involved in inter-state supply or e-commerce activities.

What is the minimum and maximum number of shareholders allowed for company registration?

A private limited company requires a minimum of 2 shareholders and allows a maximum of 200 shareholders. A public limited company requires a minimum of 7 shareholders, with no limit on the maximum number of shareholders.

Can I register a company using a virtual office address?

Yes, you can register a company using a virtual office address, provided it is a legally valid address and you have the necessary documentation, such as a rental agreement and utility bills, to verify its authenticity.

How can ownership of a private limited company be transferred?

Ownership is transferred by drafting a Share Transfer Agreement, filling Form SH-4, paying stamp duty, updating the Register of Members, and notifying the MCA if necessary.

What are the consequences of not complying with post-registration obligations?

Non-compliance can lead to financial penalties of ₹100 per day per form, disqualification of directors for up to 5 years, legal action, suspension or revocation of the company's registration, and operational restrictions such as difficulty in securing funding or working with government agencies.

What are the differences between a business name and a trade name?

Business name is the official name registered with the MCA for legal purposes, while a trade name is the brand name used for marketing products or services. Multiple trade names can be used under one business name, but trademark laws apply for protection.

How many days does it take to register a company?

Company registration in India usually takes about 7-10 working days if all documents are in order. Delays can happen if there are issues such as name being rejected or mistakes in the documents. Using the SPICe+ form can help speed up the process since it combines multiple services like PAN, TAN, and GST registration. However, the time it takes can vary based on the type of company and any extra steps needed.

Who governs and controls private limited companies in India?

Private limited companies in India are governed by the Companies Act, 2013, regulated by the Ministry of Corporate Affairs (MCA), with day-to-day operations managed by the Board of Directors. Shareholders have the power to appoint or remove directors through voting.

What are the penalties for not complying with post-registration obligations?

Non-compliance can result in financial penalties (₹100 per day), director disqualification for up to 5 years, legal action, and damage to reputation, making it difficult to secure funding or partnerships.

What documents are required for company registration in India?

Required documents include PAN cards for directors and shareholders, passport for foreign nationals, Aadhaar or Voter ID for identity proof, bank statements/ utility bills for address proof, MOA and AOA, and proof of office address and rent agreement.

What are the steps to appoint a statutory auditor?

The Board must pass a resolution to appoint the auditor within 30 days, file Form ADT-1 with the MCA within 15 days, and ensure the auditor meets the eligibility criteria under the Companies Act, 2013.

How can I check if my company is registered?

Visit the MCA website, search using the company's name or CIN, and view the company's registration status, including incorporation date and authorized capital.

What happens if my proposed company name is rejected?

If rejected, review the feedback provided by MCA, submit a new name using the RUN service, and ensure it adheres to naming guidelines under the Companies Act, 2013.

Does a private limited company have perpetual existence?

Yes, a private limited company has perpetual existence, meaning it continues even if directors or shareholders change, ensuring stability and continuity.

What are the tax implications associated with company registration?

Tax implications include corporate tax (22% for regular companies, 15% for new manufacturing companies), GST registration for businesses exceeding ₹20 lakh turnover, and taxes on dividends, which are taxable in shareholders' hands.

What are the benefits of registering a private limited company?

Benefits include limited liability, separate legal entity, ease in fundraising, tax advantages, and a more professional image with clients and partners. It is ideal for startups and SMEs.

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12A & 80G Registration Package

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*Government fees are additional and vary based on company structure

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Personalised support from dedicated incorporation specialists.
Application prepared and filed within 2 days.
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Important Notes

We strive to register your preferred business name whenever feasible.
Alternative name suggestions are provided if the preferred name is not approved.

Package includes first-year compliance services: auditor appointment, annual filings, and related obligations.

Aspect	With 12A Registration	Without 12A Registration
Income Tax on Surplus	Fully exempt from income tax	Taxed at applicable slab rates
Donor Contributions	Not taxable as income	Treated as taxable income
Government Grants	Eligible to receive	May not qualify
CSR Funding	Eligible to receive	Companies may not contribute
80G Eligibility	Can apply for 80G	Cannot apply for 80G
FCRA Registration	Prerequisite fulfilled	Cannot apply for FCRA

Deduction Type	Deduction Percentage	Qualifying Limit	Examples
100% Without Limit	100% of donation	No upper limit	National Defence Fund, PM's National Relief Fund
50% Without Limit	50% of donation	No upper limit	PM's Drought Relief Fund, National Children's Fund
100% With Limit	100% of donation	Up to 10% of Adjusted Gross Total Income	Family planning promotion organizations
50% With Limit	50% of donation	Up to 10% of Adjusted Gross Total Income	Most registered charitable trusts and NGOs

Benefit	For the NGO (12A)	For Donors (80G)
Tax Exemption	Complete exemption from income tax on surplus	Deduction of 50-100% of donation from taxable income
Government Funding	Eligible to receive government grants and subsidies	Companies can claim CSR spending benefits
Credibility	Enhanced trust and legitimacy for the organization	Assurance that donation goes to a verified charity
FCRA Eligibility	Can apply for foreign contribution registration	N/A
Corporate Donations	Eligible to receive CSR funds from companies	Companies can fulfill CSR obligations
Fundraising	Easier to attract donors with tax benefits	Incentive to donate more due to tax savings
Long-term Sustainability	Better financial planning without tax burden	Regular contributions from tax-conscious donors

Category	Document	Purpose
Organization Documents	Registration Certificate (Trust Deed / Society Certificate / CoI)	Proof of legal existence of the organization
	Memorandum of Association / Trust Deed	Defines objectives and governing rules
	PAN Card of the Organization	Tax identification of the entity
Founder/Trustee Documents	PAN Card and Aadhaar of all Trustees/Directors	Identity verification of key persons
Founder/Trustee Documents	Address Proof of Trustees/Directors	Residential address verification
Financial Documents	Books of Accounts (if operational)	Financial records of the organization
	Bank Statement (last 6 months)	Financial activity proof
	Audited Financial Statements (if applicable)	Verified financial position
Office Documents	Registered Office Address Proof	Verification of official address
	Utility Bill / Rent Agreement	Proof of office premises
	NOC from Property Owner (if rented)	Permission to use the premises
Activity Documents	Activity Report / Annual Report	Details of charitable activities conducted
Activity Documents	Donor List with Addresses (if applicable)	Record of contributions received

Aspect	Old Regime (Before 2020)	New Regime (Post Finance Act 2020)
Registration Section	Section 12A / 12AA	Section 12AB
Validity	Perpetual / Lifetime	5 years (renewable)
New Organizations	Direct permanent registration	Provisional registration first, then regular after 6 months of activity
Existing NGOs	No renewal required	Must re-register under new regime
Application Form	Physical application	Online Form 10A / Form 10AB
Processing	Manual	Fully electronic with defined timelines

12A & 80G Registration Online in India

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12A & 80G Registration Package

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Important Notes

12A & 80G Registration Online in India | IncorpX

What is 12A Registration?

What is 80G Registration?

Types of 80G Deductions:

Eligibility Criteria for 12A & 80G Registration:

Charitable Purposes Under Section 2(15):

Relief of the Poor

Education

Medical Relief

Environment Protection

Heritage Preservation

General Public Utility

Benefits of 12A & 80G Registration:

Documents Required for 12A & 80G Registration:

Step-by-Step Process for 12A & 80G Registration:

Step 1: Document Collection & Verification

Step 2: Form 10A Preparation

Step 3: Online Application Filing

Step 4: Department Processing

Step 5: Certificate Issuance

Step 6: Post-Registration Compliance

New Regime: Section 12AB & Finance Act 2020 Changes

Why Choose IncorpX for 12A & 80G Registration?

FAQs on 12A & 80G Registration

12A and 80G Registration in various States

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