What All Legal Services are Required While Registering a Company?

Legal Services

Company incorporation is an ideal dream of any Entrepreneur. It takes a big, original and creative idea to turn that dream into a reality, but is that enough? How will a mere idea create a company which includes infrastructure to the manufacturing of goods and distribution of services? Though a creative idea is a complete necessity, it is not enough. Companies Act define a particular procedure as to how you can incorporate your company legally. You may start a business or set up your own company but it is not recognized legally as long as it is not registered. There is a series of legal services you will require while filing forms, producing documents, consulting and taking advice, registering all the documents etc. Described below is what all legal services are required while registering a company.

First, you need to know all the legal procedures related to a company’s registration laid out according to the Companies Act, 2013 by MCA or Ministry of Corporate Affairs.

Then You may need legal services or consultation in below-mentioned procedures:

• Selecting the type of Business you want to form. There is the certain type of businesses or companies, they range from Sole Proprietorship to Partnership firm to Limited Liability Partnership to One Person Company to Private and Public companies. Conversion into a company from any of them based on your needs requires keeping in mind all the pros and cons can be a tedious job. To avoid any kind of mistake you may need some legal advice. It will provide you with a clear picture of how all type of companies work or what all advantages and disadvantages are included.

• Approval or Selection Of Name. When it comes to selecting a name there are certain things you need to keep in mind, other than the need of the name being unique and easy to remember there are certain legal procedures you need to keep in mind. Like adding Limited Liability Partnership at the end of the LLP’s name or Private Limited in the case of a private company also adding that the Private Limited Company was formed by conversion from a One Person Company. You may need legal assistance in searching a suitable name for your company and getting it approved.

• Drafting a Memorandum and Article of Association. Drafting a memorandum and article of association follows a particular pattern. It includes a certain type of information all related to your company. To avoid any kind of objections which may lead to rejection of your application and to create a MoA or AoA to suit your company’s specific needs, you may want to consider or seek legal advice. They can help you draft a memorandum in the proper format as prescribed and required.

Deciding whether the company should be:

(a) Unlimited

(b) Limited by Guarantee

(c) Limited by Shares

Deciding what type of company you want whether it is a:

(a) One Person Company

(b) Private Company

(c) Public Company

(d) Producer Company

• Applying for DSC (Digital Signature Certificate) for directors of the company. Applying for DIN (Director Identification Number) or TAN or PAN.

• Declaring Share Capital of the company in case of a company limited by shares.

• Filing of forms especially SPICe e-form INC-32 as required for Companies registration in India is very important and should be done very carefully. It includes an application for name approval, DIN, application for registration of your company and TAN and PAN application. Proper documents are to be attached. In order to avoid any confusion, legal advice is generally taken.

• Arranging or producing different documents including identification and address proofs and also includes the documents related to the registered office.

• Applying for all the tax registrations.

• You may need legal assistance while obtaining licenses. Like Shop Establishment License when setting up your registered office.

Other than all these factors, legal services may be needed for seeking advice in drafting a business plan or budget plan, raising funds, applying for different certifications (ISO, ISI, trademark registration, etc.), licences and registrations (like Central/State Service Tax, GST, Income Tax, Shops and Establishments licence, food business licence, liquor licence and other regulatory licences) and other working procedures.

It is very important to note that without seeking legal services you may face a lot of problems due to the unfamiliarity of the proceedings, it may take you a lot of time. We, at LegalRaasta, can help you register your company without creating much of a hassle. We provide all the legal services you may require not only while registering your company but in the whole working of your company. Register today and enjoy all the benefits.