Company Registration in Assam (ROC Guwahati)
Contact details for Company Registration in Assam (ROC Guwahati):
Email: [email protected]
Mobile:7300061438
Types of Companies that can be registered in Assam (ROC Guwahati)
What type of company to be registered and incorporated depends on the answer to only two questions i.e What is the nature of business and what is the vision of the entrepreneur
Private Limited
Section 2(68) of Companies Act 2013
―private company means a company having a minimum paid-up share capital 1
*** as may be
prescribed, and which by its articles,—
(i) restricts the right to transfer its shares;
(ii) except in case of One Person Company, limits the number of its members to two hundred
Provided that where two or more persons hold one or more shares in a company jointly, they shall, for
the purposes of this clause, be treated as a single member:Provided further that—
(A) persons who are in the employment of the company; and
(B) persons who, having been formerly in the employment of the company, were members of the
company while in that employment and have continued to be members after the employment ceased,
shall not be included in the number of members; and
(iii) prohibits any invitation to the public to subscribe for any securities of the company
NBFC
Section 45I(c) of RBI Act
-‘‘financial institution’’ means any non-banking institution which
carries on as its business or part of its business any of the following
activities, namely:–
(i) the financing, whether by way of making loans or advances or
otherwise, of any activity other than its own:
(ii) the acquisition of shares, stock, bonds, debentures or securities
issued by a Government or local authority or other marketable
securities of a like nature:
(iii) letting or delivering of any goods to a hirer under a hire-purchase
agreement as defined in clause (c) of section 2 of the Hire-Purchase
Act, 1972:
(iv) the carrying on of any class of insurance business;
(v) managing, conducting or supervising, as foreman, agent or in any
other capacity, of chits or kuries as defined in any law which is for the
time being in force in any State, or any business, which is similar
thereto;
(vi) collecting, for any purpose or under any scheme or arrangement
by whatever name called, monies in lumpsum or otherwise, by way of
subscriptions or by sale of units, or other instruments or in any other
manner and awarding prizes or gifts, whether in cash or kind, or
disbursing monies in any other way, to persons from whom monies are collected or to any other person, 1[but does not include any institution,
which carries on as its principal business,–
(a) agricultural operations; or
(aa) industrial activity; or]
(b) the purchase or sale of any goods (other than securities) or the
providing of any services; or
(c) the purchase, construction or sale of immovable property, so
however, that no portion of the income of the institution is derived
from the financing of purchases, constructions or sales of
immovable property by other persons;]
2[Explanation.– For the purposes of this clause, ‘‘industrial
activity’’ means any activity specified in sub-clauses (i) to
(xviii) of clause (c) of section 2 of the Industrial Development
Bank of India Act, 1964;]
LLP
Section 2(n) of the limited liability partnership act, 2008-
“limited liability partnership” means a partnership formed and registered under this Act;
Foreign Company
Section 2(42) of Companies Act 2013
―foreign company‖ means any company or body corporate incorporated outside India which—
(a) has a place of business in India whether by itself or through an agent, physically or through
electronic mode; and
(b) conducts any business activity in India in any other manner.
(43) ―free reserves‖ means such reserves which, as per the latest audited balance sheet of a company,
are available for distribution as dividend:
Provided that—
(i) any amount representing unrealised gains, notional gains or revaluation of assets, whether
shown as a reserve or otherwise, or
(ii) any change in carrying amount of an asset or of a liability recognised in equity, including
surplus in profit and loss account on measurement of the asset or the liability at fair value,
shall not be treated as free reserves;
OPC
Section 2(62) of Companies Act 2013
-One Person Company‖ means a company which has only one person as a member;
Public Limited
Section 2(71) of Companies Act 2013
―public company means a company which—
(a) is not a private company;
(b) has a minimum paid-up share capital 1
*** as may be prescribed:
Provided that a company which is a subsidiary of a company, not being a private company, shall be
deemed to be public company for the purposes of this Act even where such subsidiary company continues
to be a private company in its articles
Producer Company
Section 581B of Companies Act 2013 581B.
OBJECTS OF PRODUCER COMPANY
(1) The objects of the Producer Company shall relate to all or any of the following matters, namely : –
(a) production, harvesting, procurement, grading, pooling, handling, marketing, selling, export of primary produce of
the Members or import of goods or services for their benefit:
Provided that the Producer Company may carry on any of the activities specified in this clause either by itself or through
other institution ;
(b) processing including preserving, drying, distilling, brewing, vinting, canning and packaging of produce of its
Members ;
(c) manufacture, sale or supply of machinery, equipment or consumables mainly to its Members ;
(d) providing education on the mutual assistance principles to its Members and others ;(e) rendering technical services, consultancy services, training, research and development and all other activities for
the promotion of the interests of its Members ;
(f) generation, transmission and distribution of power, revitalisation of land and water resources, their use,
conservation and communications relatable to primary produce ; (g) insurance of producers or their primary
produce ;
(h) promoting techniques of mutuality and mutual assistance ;
(i) welfare measures or facilities for the benefit of Members as may be decided by the Board ;
(j) any other activity, ancillary or incidental to any of the activities referred to in clauses (a) to (i) or other activities which
may promote the principles of mutuality and mutual assistance amongst the Members in any other manner ; (k)
financing of procurement, processing, marketing or other activities specified in clauses (a) to (j) which include
extending of credit facilities or any other financial services to its Members.
(2) Every Producer Company shall deal primarily with the produce of its active Members for carrying out any of its
objects specified in this section.
Subsidiary
Section 2(87) of Companies Act 2013
―subsidiary company or ―subsidiary, in relation to any other company (that is to say the
holding company), means a company in which the holding company—
(i) controls the composition of the Board of Directors; or
(ii) exercises or controls more than one-half of the total share capital either at its own or together
with one or more of its subsidiary companies:
Provided that such class or classes of holding companies as may be prescribed shall not have layers of
subsidiaries beyond such numbers as may be prescribed.
Explanation.—For the purposes of this clause,—
(a) a company shall be deemed to be a subsidiary company of the holding company even if the
control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding
company;
(b) the composition of a company‘s Board of Directors shall be deemed to be controlled by
another company if that other company by exercise of some power exercisable by it at its discretion
can appoint or remove all or a majority of the directors;
(c) the expression ―company‖ includes any body corporate;
(d) ―layer‖ in relation to a holding company means its subsidiary or subsidiaries;
Section 8 Company (NGO/NPO)
Section 8 of Companies Act 2013-
Formulation of companies with charitable objects, etc.— (1) Where it is proved to the
satisfaction of the Central Government that a person or an association of persons proposed to be
registered under this Act as a limited company—
(a) has in its objects the promotion of commerce, art, science, sports, education, research, social
welfare, religion, charity, protection of environment or any such other object;
(b) intends to apply its profits, if any, or other income in promoting its objects; and
(c) intends to prohibit the payment of any dividend to its members,
the Central Government may, by licence issued in such manner as may be prescribed, and on such
conditions as it deems fit, allow that person or association of persons to be registered as a limited
company under this section without the addition to its name of the word ―Limited‖, or as the case may be,
the words ―Private Limited‖ , and thereupon the Registrar shall, on application, in the prescribed form,
register such person or association of persons as a company under this section
Nidhi Company
Section 406 of Companies Act 2013
(1) In this section, “Nidhi” means a
company which has been incorporated as a Nidhi with the object of cultivating the habit of thrift and
savings amongst its members, receiving deposits from, and lending to, its members only, for their mutual
benefit, and which complies with such rules as are prescribed by the Central Government for regulation of
such class of companies.
(2) Save as otherwise expressly provided, the Central Government may, by notification, direct that
any of the provisions of this Act shall not apply, or shall apply with such exceptions, modifications and
adaptations as may be specified in that notification, to any Nidhi or Nidhis of any class or description as
may be specified in that notification.
(3) A copy of every notification proposed to be issued under sub-section (2), shall be laid in draft
before each House of Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in
disapproving the issue of the notification or both Houses agree in making any modification in the
notification, the notification shall not be issued or, as the case may be, shall be issued only in such
modified form as may be agreed upon by both the Houses.
Documents required for Company Registration in Assam (ROC Guwahati)
(Proposed) Directors Documents
1. PAN Card of all the Directors
2. Aadhar Card of all the Directors
3. Past 2 months bank statements of Director
4. Mobile number and Email ID of Directors
5. Passport size photographs of Directors
6. Birth Certificate
7. Last Education Degree/Marksheet (if any)
8. Voter ID, DL or Passport (any one)
Registered Place of Business Documents
1- Utility Bill (Electricity Bill)
2- Consent Letter
3- Property Owner Aadhr Card
4- Property Owner Mobile Number
Engagement Letter
Lets understand the process of Company Registration in Assam (ROC Guwahati)
Following are the steps for Company Registration in Assam (ROC Guwahati) which are needed to be followed
Step 1: Name Approval
The first step in Company Registration in Assam (ROC Guwahati) is to make an application to the Registrar of Companies Rajasthan for name approval.
One can also proceed directly with the application of registration without getting the name approved. Though it is advisable to reserve the name of the company first instead of proceeding with the application without name approval which makes the entire process way more simple.
Once the name approval application is made, it might take 2 working days for either its approval or resubmission, if the approval is granted then we can proceed further with the process but if the form comes for resubmission due to non-availaibility of the name then a new name is to requested for approval which might again take approximate 2 working days for approval. While waiting for the name approval, one can simply proceed with the step 2.Step 2: Obtaining Digital Signatures of the proposed directors/promoters
The second step for Company Registration in Assam (ROC Guwahati)is to obtain digital signatures for all the proposed directors and promotersStep 3: Filing of application using SPICe+
Once the name is approved and Digital Signatures are prepared the next step for Company Registration in Assam (ROC Guwahati) is to start with filing the application with SPICe+ form. In the form, all the required information along with documents are to be attached and provided.Step 4: Memorandum of Association, Article of Association and Agile
Once the SPICe+ is filled and relevent documents attached. Memorandum of Association, Article of Association and Agile form are to be prepared for Private Limited Company Registration in Assam (ROC Guwahati)Step 5: Affixing of Digital Signatures
Once step 4 is complete, all the forms will then required to be downloaded for applying digital signatures of Directors and a Practicing Chartered Accountant Company Registration in Assam (ROC Guwahati)Step 6: Form Upload and Registration of Company
After step 5, the form needs to be uploaded with MCA. Once the form is uploaded, Registrar of companies go through the forms and if everything is in order then a Certificate of Incorporation along with PAN and TAN of company is issued or else the form is sent for resubmission with detailed reasons, the same then will need to be resubmitted resolving the queries of the officer.
Frequently Asked Questions
How much time it takes for Company Registration in Assam (ROC Guwahati)
1- For Private Limited Company, LLP & OPC : 7 Working Days
2- For Nidhi Company and Producer Company: 15 Working Days
3- For Section 8 Company: 15 Working Days
4- For NBFC: 4 – 6 Months
Which is the best type of Company Registration in Assam (ROC Guwahati)
For other than finance business, Private Limited Company is the best form of company. For finance business, Nidhi Company or NBFC is the best form of company. Further, for professionals such as architects, advocates, chartered accountants, LLP is the best form of business. Further, for group of agriculturists and farmers, producer company is the best form of company to go with.
What do we get on Company Registration in Assam (ROC Guwahati)
1- Digital Signatures of Directors
2- Director Identification Number of Directors
3- Name Approval Certificate from Ministry of Corporate Affairs
4- Memorandum of Association
5- Article of Association
6- Certificate of Incorporation
7- PAN Card
8- TAN Card
9- GST Registration Certificate
10- MSME Registration Certificate
11- CIN Number and ESIC Certificate
Minimum People required for Company Registration in Assam (ROC Guwahati)
1- For Private Limited Company and LLP – 2
2- For Limited Company, NBFC and Nidhi – 7
3- For Producer Company – 10
How to register a Company Registration in Assam (ROC Guwahati)
Documents to be submitted through email along with deposit of fee, once we receives the documents, we start working on registration process.
What are the Compliances to be done after Company Registration in Assam (ROC Guwahati)
Once the company is registered in Assam (ROC Guwahati), every company needs to complete mandatory compliances under Companies Act as follows:
1- Auditor Appointment and Common seal adoption within 1 month
2- Obtain Commencement of Business Certificate
3- Board Meetings, Annual General Meeting, Notice and Resolutions
4- Registers, Share certificates, Annual Returns, Accounting
5- Audits, Income Tax Retuns, GST Returns, TDS Returns, ESI & PF
Note: The above list is not exclusive, many other compliances are also needed to be completed depending on the type of the company. Failure to do so will lead to huge penalties.
Once the Company is registered in Rajasthan (ROC Jaipur), we take care of all the said compliances in a responsible manner.
Registrars of Companies and Company Registration ROC Jurisdrictions
Andhra Pradesh (ROC Vijaywada)
Assam (ROC Guwahati)
Arunachal Pradesh (ROC Guwahati)
Bihar (ROC Patna)
Chandigarh (ROC Chandigarh)
Chattisgarh (ROC Bilaspur)
Delhi & Haryana (ROC Delhi)
Jharkhand (ROC Ranchi)
Goa (ROC Goa)
Gujarat (ROC Ahmedabad)
Himachal Pradesh (ROC Himachal Pradesh)
Jammu & Kashmir (ROC UT Jammu & Kashmir and UT Ladakh)
Ladakh (ROC UT Jammu & Kashmir and UT Ladakh)
Karnataka (ROC Bangalore)
Kerala (ROC Ernakulam)
Meghalaya (ROC Guwahati)
Manipur (ROC Guwahati)
Mizoram (ROC Guwahati)
Madhya Pradesh (ROC Gwalior)
Maharasthra (ROC Mumbai)
Maharasthra (ROC Pune)
Nagaland (ROC Guwahati)
Orissa (ROC Cuttack)
Puducherry (ROC Puducherry)
Punjab (ROC Chandigarh)
Rajasthan (ROC Jaipur)
Tamilnadu (ROC Chennaiand ROC Coimbatore)
Uttarpradesh (ROC Kanpur)
Uttarpradesh (ROC Kanpur)
West Bengal (ROC Kolkata)
Contact details for Company Registration in Assam (ROC Guwahati):
[email protected]
7300061438