How to Start a New Company in Noida?

Are you aspiring to start your own company in Noida, one of the fast-growing cities in the National Capital Region (NCR) of India? Noida, with its strategic location, excellent infrastructure, and business-friendly environment, has become a hub for startups and businesses in various industries. However, navigating the process of starting a company can be complex, with numerous legal and regulatory requirements to fulfil.
In this comprehensive guide, we will walk you through the essential steps and processes involved in starting a company in Noida, providing you with a roadmap for setting up your dream venture in this bustling city. From choosing the right type of company to obtaining licenses, permits, and registrations, we will cover everything you need to know to kickstart your entrepreneurial journey in Noida. So, let’s dive in and explore the key steps of Company registration in Noida, India.

Glimpses about Company’s registration in Noida

Company’s registration in Noida means to the process of legal set up of a new company in the Indian city of Noida. It involves registering a new business entity with the Registrar of Companies (RoC) under the Companies Act, 2013, and obtaining the necessary approvals, licenses, and certificates to legally operate a company in Noida.

Company registration in Noida requires compliance with various legal, regulatory, and procedural requirements, including adhering to the naming guidelines, submitting accurate and complete documents, paying the requisite fees, and fulfilling post-registration compliances such as maintaining statutory registers, filing annual returns, and conducting board meetings and general meetings, among others.

Information Requirement for Company’s registration in Noida

The requirements for incorporating a company in Noida, India, include the following:

• Directors: A minimum of two directors for a private limited company, and a minimum of one designated partner for a limited liability partnership (LLP). At least one director/partner must be a resident of India, i.e., has stayed in India for a total period of not less than 182 days in the previous calendar year.
• Shareholders/Partners: A minimum of two shareholders for a private limited company, and a minimum of two partners for an LLP. Shareholders and partners can be individuals or entities, and there is no residency requirement for shareholders/partners.
• Name Reservation: Choose a unique name for the company and apply for name reservation with the RoC. The name should comply with the naming guidelines as per the Companies Act, 2013.
• Registered Office: Have a registered office address in Noida where all official communications and notices can be sent. The registered office must be a physical address and can be a residential or commercial premises.
• Digital Signature Certificate (DSC): Obtain DSC for all directors/partners, as it is required for online filings with the RoC.
• Director Identification Number (DIN): Obtain DIN for all directors/partners, which is a unique identification number required for directors/partners of companies in India.
• Memorandum of Association (MoA) and Articles of Association (AoA): Draft the MoA and AoA of the company, which are the constitutional documents of the company, defining its objects, powers, and rules and regulations.
• Forms and Documents: Prepare and file various forms and documents with the RoC, including Form SPICe (Simplified Proforma for Incorporating Company Electronically), Form DIR-3 (for DIN), Form INC-9 (declaration of no disqualification of directors), and other relevant documents.
• Payment of Fees: Pay the requisite fees for name reservation, registration, and other statutory fees as per the applicable laws.
• Compliance with Other Laws: Comply with other laws and regulations, such as tax registrations (e.g., obtaining Permanent Account Number (PAN) and Goods and Services Tax (GST) registration), labor laws, environmental regulations, and any other industry-specific regulations applicable to the business.

The requirements for company registration in Noida or any other part of India may vary depending on the type of company, the nature of the business, and the specific circumstances.

Procedure for Company’s registration in Noida

The procedure for incorporating a company in Noida, India involves several steps, as outlined below:

Step 1: Obtain DSCs- All directors of the proposed company must obtain DSCs from a Certifying Authority (CA) recognized by the Ministry of Corporate Affairs (MCA) in India. DSCs are required for filing online forms with the RoC.

Step 2: Obtain DIN– All directors of the proposed company must also obtain DINs from the MCA. DIN is a unique identification number issued to individuals who are appointed as directors of companies in India.

Step 3: Name Reservation– A suitable name for the proposed company must be selected and reserved with the RoC. The name must comply with the naming guidelines as per the Companies Act, 2013. An application for name reservation can be filed online in Form SPICe along with the requisite fee.

Step 4: Drafting MoA and AoA- MoA and AoA are the constitutional documents of the company that outline its objectives, powers, and rules. These documents must be drafted in accordance with the applicable laws and regulations and the proposed business activities of the company.

Step 5: Filing of registration Documents -Once the name is approved, the MoA and AoA, along with other relevant documents such as Form SPICe, Form DIR-3 (for DIN), and Form INC-9 (declaration of no disqualification of directors), must be filed with the RoC. These documents can be filed online along with the requisite fee.

Step 6: Obtaining Certificate of registration– If the RoC is satisfied with the documents and compliance with the applicable laws, it will issue a Certificate of registration. This certificate is the conclusive proof of the existence of the company and includes the Corporate Identification Number (CIN) of the company.

Step 7: Post-registration Compliances– After registration, the company must comply with various post-registration compliances such as issuing share certificates, maintaining statutory registers, conducting board meetings and general meetings, filing annual returns, and financial statements with the RoC, among others, as per the Companies Act, 2013.

Documents required for Company’s registration in Noida

The documents required for incorporating a company in Noida, India, may vary depending on the type of company and the specific circumstances. However, typically the following documents are required:

• Memorandum of Association (MoA): This document outlines the company’s objectives, powers, and activities. It needs to be drafted and signed by all the promoters of the company. 
• Articles of Association (AoA): This document contains the rules and regulations governing the company’s internal affairs. It also needs to be drafted and signed by all the promoters of the company. 
• Declaration by Directors: The directors of the company need to declare that they are not disqualified from being directors of a company, and provide their consent to act as directors. 
• Identity Proof: Copies of identity proofs such as Aadhaar card, Passport, or Voter ID of all directors and shareholders/partners. 
• Address Proof: Copies of address proofs such as Aadhaar card, Passport, or Utility bills (electricity, water, gas, etc.) of all directors and shareholders/partners. 
• Passport-sized photographs: Passport-sized photographs of all directors and shareholders/partners. 
• Digital Signature Certificates (DSC): DSCs of all directors for online filings with the RoC. 
• Director Identification Number (DIN): DINs of all directors, which are unique identification numbers required for directors of companies in India. 
• Proof of Registered Office Address: Documents such as rent agreement, lease deed, or sale deed along with utility bills (electricity, water, gas, etc.) of the registered office address of the company. 
• Form INC-9: This is a declaration of no disqualification by the directors and needs to be filed along with the registration documents. 
• Other Documents: Additional documents may be required depending on the type of company, such as a partnership deed for an LLP, or a board resolution or power of attorney if any of the directors or shareholders/partners are unable to be present in person during the registration process.

Legal Compliances for Company’s registration in Noida

Incorporating a company in Noida, India requires compliance with various legal and regulatory requirements. Some of the key legal compliances for company registration in Noida include:

• Companies Act, 2013: The Companies Act, 2013 is the primary legislation governing companies in India, including their registration, operations, and compliance requirements. Compliance with the provisions of the Companies Act, 2013 is essential throughout the registration process.
• Name Reservation: The name of the company must comply with the naming guidelines as per the Companies Act, 2013. An application for name reservation needs to be filed with the RoC to obtain approval for the chosen name.
• Memorandum of Association (MoA) and Articles of Association (AoA): The MoA and AoA, which outline the company’s objectives, powers, and rules, must be drafted and filed with the RoC as part of the registration process.
• Digital Signature Certificates (DSC) and Director Identification Number (DIN): All directors of the company must obtain DSCs and DINs, which are mandatory for online filings with the RoC.
• Forms and Filings: Various forms such as Form SPICe, Form DIR-3 (for DIN), Form INC-9 (declaration of no disqualification of directors), and other relevant forms must be filed with the RoC as per the Companies Act, 2013.
• Share Capital and Payment: The authorized and paid-up share capital of the company must be determined and mentioned in the MoA and AoA. Payment for shares must be received in accordance with the relevant provisions of the Companies Act, 2013.
• Registered Office: The company must have a registered office in Noida where all official communications and notices can be sent. The registered office must be a physical address and must be mentioned in the MoA and AoA.
• Stamp Duty and Fees: Stamp duty must be paid on the MoA and AoA as per the applicable rates. Additionally, various fees such as name reservation fee, registration fee, and other statutory fees must be paid to the RoC.
• Compliance with Other Laws: Apart from the Companies Act, 2013, the company must comply with other applicable laws and regulations, such as tax registrations (e.g., obtaining PAN and GST registration), labor laws, environmental regulations, and any other industry-specific regulations applicable to the business.
• Post-registration Compliances: After registration, the company must comply with various post-registration compliances such as issuing share certificates, maintaining statutory registers, conducting board meetings and general meetings, filing annual returns, and financial statements with the RoC, among others, as per the Companies Act, 2013.

Benefits of Starting a New Company in Noida

Starting a new company in Noida, a fast-growing city located in the NCR of India, offers several benefits. Here are some of the key advantages:

• Favorable Business Environment: Noida has emerged as a preferred destination for startups and businesses due to its favorable business environment. The city offers excellent infrastructure, including modern office spaces, world-class connectivity, and a supportive ecosystem for businesses to thrive.
• Strategic Location: Noida’s strategic location near the national capital, Delhi, gives it a distinct advantage. It provides easy access to a large consumer base and business opportunities in the NCR, which is one of the most economically vibrant regions in India. Noida is also well-connected to major transportation hubs, making it convenient for logistics and supply chain operations.
• Government Support: The government of Uttar Pradesh, the state in which Noida is located, has been actively promoting industrial development and entrepreneurship. There are various incentives, subsidies, and policies aimed at fostering business growth in the region, such as tax benefits, investment incentives, and single-window clearance for setting up businesses.
• Skilled Workforce: Noida has a large pool of skilled and educated professionals, including engineers, IT experts, and other skilled workers. The city hosts numerous educational institutions, which provide a steady supply of talent for businesses in various sectors.
• Cost-effective Operations: Noida offers cost-effective operational advantages compared to other major cities in India. The cost of real estate, office rentals, and labor is relatively lower compared to cities like Delhi and Mumbai, making it an attractive destination for startups and businesses with tight budgets.

Takeaway

Through this article, we can say that starting a new company in Noida involves several key steps and requirements that need to be followed diligently to ensure legal compliance and successful registration. It is important to obtain the necessary documents and complying with post-registration legal and regulatory requirements, such as maintaining statutory registers and filing annual returns, is crucial for ongoing compliance. For additional information in detail of this topic, kindly connect with the Legal Window’s professionals. We will always ready to help you.