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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*Government fees are additional and vary based on company structure

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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	Old Regime (Section 12AA)	New Regime (Section 12AB)
Registration Validity	Perpetual (lifetime) unless cancelled	5 years (renewable)
New Organizations	Direct permanent registration	Provisional registration first (3 years), then regular registration
Application Form	Form 10A (physical)	Form 10A (online for provisional), Form 10AB (for regular/renewal)
Existing Registrations	Valid indefinitely	Must migrate to 12AB regime
Processing	Manual, no defined timeline	Fully online, time-bound processing
Renewal Requirement	No renewal needed	Mandatory renewal every 5 years
Activity Verification	At the time of registration only	Periodic review during renewal

Benefit	Description	Impact
Complete Income Tax Exemption	All income from donations, grants, and surplus is exempt from tax	More funds available for charitable activities
Government Grants Eligibility	Qualify for various government schemes and funding programs	Access to additional funding sources
CSR Fund Eligibility	Companies can contribute CSR funds to registered organizations	Major source of corporate donations
80G Registration Eligibility	Can apply for 80G which benefits donors	Attracts more individual and corporate donors
FCRA Eligibility	Prerequisite for receiving foreign contributions	Access to international funding
Enhanced Credibility	Government recognition as genuine charitable organization	Increased trust from donors and partners
Accumulation of Funds	Can accumulate income for future charitable projects (up to 15%)	Better long-term planning and sustainability

Category	Document	Details
Organization Documents	Trust Deed / MoA / Bye-Laws	Certified copy of the founding document with charitable objectives
	Registration Certificate	Certificate from Registrar of Trusts/Societies/ROC
	PAN Card of Organization	Valid PAN in the name of the Trust/Society/Company
Founder/Trustee Documents	PAN & Aadhaar of Trustees/Directors	Identity proof of all governing members
Founder/Trustee Documents	Address Proof	Recent utility bill or bank statement of trustees
Financial Documents	Books of Accounts	Income & expenditure, balance sheet for last 3 years (if operational)
	Bank Statements	Last 6 months statements of organization's bank account
	Audit Report	Required if income exceeds ₹5 lakhs in any year
Office Documents	Office Address Proof	Rent agreement or ownership documents
Office Documents	Utility Bill	Electricity/water bill in organization's name
Activity Documents	Activity Report	Details of charitable activities conducted
Activity Documents	Self-Declaration	Statement confirming charitable nature of activities
For Migration	Existing 12AA Certificate	Copy of old 12AA registration certificate

Aspect	Form 10A	Form 10AB
Purpose	Provisional registration for new organizations	Regular registration, renewal, and migration
Validity of Registration	3 years (provisional)	5 years (regular)
When to Use	Newly formed organizations without activity history	After provisional period, for renewal, or migration from 12AA
Activity Requirement	Not required at time of application	Must show at least 6 months of charitable activity
Filing Mode	Online through IT e-filing portal	Online through IT e-filing portal
DSC Requirement	Required for authorized signatory	Required for authorized signatory

Compliance	Requirement	Frequency
Income Tax Return	File ITR-7 even if income is exempt	Annually (by 31st October)
Application of Income	At least 85% of income must be applied for charitable purposes	Every financial year
Audit	Get accounts audited if income exceeds ₹5 lakhs	Annually
Form 10B/10BB	Audit report in prescribed format	Annually (with ITR)
Books of Accounts	Maintain proper books with donations, receipts, and expenses	Ongoing
Registration Renewal	Apply for renewal before expiry	Every 5 years
TDS Compliance	Deduct and deposit TDS on payments as applicable	As per payment schedule

12AA Registration Online in India

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Important Notes

12AA Registration Online in India | IncorpX

What is 12AA Registration?

Key Features of 12AA Registration:

12AA to 12AB: Understanding the New Regime

Migration Timeline & Requirements:

Eligibility Criteria for 12AA/12AB Registration:

Charitable Purposes Under Section 2(15):

Relief of the Poor

Education

Medical Relief

Environment & Animal Welfare

Heritage Preservation

Yoga & Sports

Benefits of 12AA/12AB Registration:

Documents Required for 12AA/12AB Registration:

Understanding Form 10A and Form 10AB:

Step-by-Step Process for 12AA/12AB Registration:

Step 1: Document Collection & Review

Step 2: Form 10A/10AB Preparation

Step 3: Digital Signature Certification

Step 4: Online Filing

Step 5: Department Processing & Query Response

Step 6: Certificate Issuance

Compliance Requirements After 12AA/12AB Registration:

Why Choose IncorpX for 12AA/12AB Registration?

FAQs on 12AA/12AB Registration

12AA Registration in various States

12AA Registration in various Cities

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