How to Register a Company in Thiruvananthapuram?

Registering a company in Thiruvananthapuram, the capital city of Kerala, involves multiple legal and procedural steps governed by the Ministry of Corporate Affairs (MCA) under the Companies Act, 2013. The process is streamlined and can be completed online through the MCA portal. In this blog, you will learn How to register a company in Thiruvananthapuram.

What is a Company Registration?

In India, company registration, also called incorporation gives a business a legal identity. It separates the company from its owners and makes it an official entity. The process is handled online through the Ministry of Corporate Affairs (MCA) under the Companies Act, 2013. Registering a company ensures legal recognition, credibility, and compliance with government regulations.

Types of Company Registration in Thiruvananthapuram

In Thiruvananthapuram, as in the rest of India, entrepreneurs can choose from several types of company registrations. Each is tailored to specific business needs and regulatory frameworks.

Here are the types of Company Registration in Thiruvananthapuram:

1. Private Limited Company (Pvt Ltd): A Private Limited Company is ideal for businesses wanting limited liability and private funding. It offers legal protection to owners while allowing growth through private investments. Here are the key features of a Private Limited Company:

• Members: Requires a minimum of two and allows up to 200 members.
• Limited Liability: A liability of a shareholder is limited to their shareholding.
• Shares: Cannot be publicly traded; shares are privately held.
• Regulatory Compliance: Must adhere to the provisions of the Companies Act, 2013.

2. Limited Liability Partnership (LLP): An LLP combines features of partnerships and companies. It offers flexibility and limited liability to its partners. Characteristics include:?

• Partners: Requires a minimum of two partners with no upper limit.
• Limited Liability: Partners are only responsible for the amount they have committed to invest in the business.
• Legal Entity: Considered a separate legal entity from its partners.
• Compliance: Governed by the Limited Liability Partnership Act, 2008.

3. One Person Company (OPC): A One Person Company (OPC) is designed for solo entrepreneurs. It allows one person to own and manage a business with limited liability. This offers the benefits of a company while keeping operations simple. Features include:

• Single Member: Only one shareholder is permitted.
• Limited Liability: The sole member's liability is limited to their investment.
• Conversion: An OPC can be converted into a Private or Public Company by meeting specific criteria.
• Regulatory Framework: Subject to the Companies Act, 2013.

4.  Public Limited Company:  This Company is suitable for larger businesses that intend to raise capital from the public. This structure has the following attributes:

• Members: Requires a minimum of seven members with no maximum limit.
• Shares: Shares can be offered to the public and easily transferable.
• Limited Liability: Shareholders are only responsible for the amount they have invested in the company's shares.
• Compliance: People must comply with stringent regulatory requirements under the Companies Act, 2013.

5. Section 8 Company: This Company promotes non-profit objectives such as commerce, art, science, or charity. Key aspects include:

• Objective: Formed for promoting charitable activities without the intention of profit.
• Profit Utilization: Profits are reinvested in the company’s objectives and not distributed to members.
• Regulatory Compliance: Requires adherence to the Companies Act, 2013, and obtaining a license from the Central Government.

6. Sole Proprietorship and Partnership Firms: While not registered under the Companies Act, these structures are common for small businesses:

• Sole Proprietorship: Owned and managed by a single individual, with no distinction between the owner and the business.
• Partnership Firm: Owned by two or more individuals who share profits and liabilities. Governed by the Indian Partnership Act, 1932.

Documents Required to Register a Company in Thiruvananthapuram

Registering a company in Thiruvananthapuram, Kerala, follows the guidelines set by the Ministry of Corporate Affairs (MCA), Government of India. The required documents depend on the type of company being registered.

Here are the lists of documents required to register a company in Thiruvananthapuram:

1. Documents of Directors/Shareholders

• PAN Card (Mandatory for Indian citizens)
• Aadhaar Card (or Voter ID/Passport/Driving License)
• Passport (Mandatory for foreign nationals)
• Photograph (Recent passport-size photo)
• Address Proof (Bank statement, electricity bill, or telephone bill – not older than 2 months)

2. Registered Office Address Proof

• Electricity Bill/Water Bill/Gas Bill (Not older than 2 months)
• Rental Agreement (If the office is rented)
• NOC (No Objection Certificate) from the owner (if applicable)

3. Company-Specific Documents

• Name Approval (Via RUN – Reserve Unique Name)
• Memorandum of Association (MoA)
• Articles of Association (AoA)
• Digital Signature Certificate (DSC) of directors
• Director Identification Number (DIN)
• Declaration & Consent Forms (DIR-2, INC-9, etc.)

How to Register a Company in Thiruvananthapuram?

Registering a company in Thiruvananthapuram, Kerala, involves a series of steps governed by the Ministry of Corporate Affairs (MCA), Government of India. The process is standardized across the country and is primarily conducted online through the MCA portal.

Here is the step-by-step process to register a Company in Thiruvananthapuram:

Step 1: Choose the Type of Company

You must choose the appropriate business structure that fits your goals, liability, and growth plans. Common types include:

• Private Limited Company
• Public Limited Company
• One Person Company (OPC)
• Limited Liability Partnership (LLP)
• Section 8 Company (Non-Profit Organization)

Step 2. Obtain Digital Signature Certificates (DSC)

All proposed directors must obtain a Digital Signature Certificate (DSC), which is essential for filing electronic documents with the MCA. DSCs can be acquired from government-recognized certifying agencies.

Step 3: Apply for Director Identification Number (DIN)

Each director needs a unique Director Identification Number. DIN can be obtained by filing Form DIR-3 on the MCA (Ministry of Corporate Affairs) portal.

Step 4: Name Reservation

You must choose a unique name for your company and apply for its reservation through the RUN (Reserve Unique Name) service on the MCA portal. You must make sure that your chosen name follows MCA naming rules to avoid rejection or delays.

Step 5: Prepare Incorporation Documents

Draft the Memorandum of Association (MoA) and Articles of Association (AoA) for your company. These documents outline the company's objectives and rules.

Step 6: File Incorporation Application

You must submit the SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) form online through the official MCA portal. This integrated form facilitates several services such as:

• Name Reservation
• Incorporation
• Allotment of DIN
• PAN and TAN application
• GSTIN (if required)

For smooth registration, you must attach all required documents, such as Identity (ID) and address proof of directors, along with proof of the company’s registered office address.

Step 7: Payment of Fees

You must pay the required incorporation fees as specified by the MCA. The exact fee details are available on the MCA portal. You need to check the latest rates before making the payment.

Step 8: Certificate of Incorporation

Once your documents are verified, the Registrar of Companies (ROC) will issue a Certificate of Incorporation. This official document confirms that your company is legally registered and ready to operate as a separate business entity.

Step 9: Commencement of Business

If your company has share capital, you must file a declaration Form INC-20A within 180 days of incorporation. It confirms that the subscribers have paid the agreed-upon share capital. Filing this form is mandatory before starting any business operations.

Step 10: Post-Incorporation Compliances

Once registration is completed, you should follow all necessary legal requirements to keep your business compliant and running smoothly. This includes:

• Applying for Goods and Services Tax (GST) registration, if applicable.
• Maintaining statutory registers and records.
• Complying with labor laws and other applicable regulations.

Benefits of Company Registration in Thiruvananthapuram

Here are the lists of benefits of company registration:

1. Legal Recognition and Limited Liability

If you register your company, it grants legal recognition as a separate entity. This means your assets will stay protected if the company faces losses. Directors and shareholders are only responsible for the money they invest. This setup helps reduce financial risk and ensures a clear distinction between personal and business finances. It also offers greater security and stability.

2. Access to Funding Opportunities

Registered companies in Kerala have enhanced access to various funding sources, including loans, grants, and investments from venture capitalists. The formal recognition and compliance associated with company registration. This attracts investors and secures funding from financial institutions for business growth. It facilitates capital acquisition for expansion and development.

3. Tax Benefits and Incentives

The Kerala government provides tax benefits to registered businesses, including deductions on expenses and asset depreciation. These incentives help reduce tax payments, save money, and strengthen the company's finances. This makes businesses more competitive and supports long-term growth.

4. Supportive Startup Ecosystem

Thiruvananthapuram is home to the Kerala Startup Mission (KSUM), a state-level agency dedicated to promoting entrepreneurship and incubation activities. KSUM provides resources like mentorship, funding assistance, and access to innovation labs. It creates a conducive environment for startups to thrive.

5. Enhanced Market Reach

Kerala's strong internet access and digital-friendly policies help businesses reach local and global markets. A registered company gains legal recognition. It allows them to join trade fairs and explore export opportunities. This opens doors to international customers and business growth.

6. Perpetual Existence and Easy Ownership Transfer

A registered company continues to exist even if owners or managers change. This ensures stability and long-term growth. Ownership can also be transferred easily and makes it flexible for future restructuring or selling the business when needed.

Conclusion

Registering a company in Thiruvananthapuram is a structured process that requires careful documentation and compliance with legal requirements. By following the steps outlined above, entrepreneurs can successfully establish their businesses and commence operations. Seeking professional assistance from a Company Secretary (CS) or Chartered Accountant (CA) can ensure a smooth registration process and adherence to post-incorporation compliances.

Throughout this article, you have learned “How to register a Company in Thiruvananthapuram” with a step-by-step process. If you have any queries regarding company registration in Thiruvananthapuram, contact Online Legal India. They have experts to assist you.