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All You Need to Know About Software Company Registration in India

All You Need to Know About Software Company Registration in India
| Updated: Feb 11, 2021 | Category: Business, Private Limited Company

With the rise in technology in India, more and more software companies are establishing in the country every month, which has now become one of the huge contributors when it comes to IT and Software industry. With Start-up India getting huge support from the Indian Government, a large number of people are coming forward with their own companies. However, there are many people who don’t have any idea regarding Software Company Registration in India. There are legal procedures involved in this registration, and you need to follow them to have a polished functioning of things in the future. One should know that the regulating body for all software companies in the New Companies Act, 2013. Scroll down to check more information regarding Software Company Registration in India.

What are the Important Things to Know before registering a Software Company?

Following are some e tips that you should know before you start constructing a powerful startup:

Important Things to Know before registering a Software Company
  • Choose a suitable company: There are different types of companies in India such as Private Limited Company, Public Limited Company, Sole Proprietorship, Limited Liability Partnership Company, etc. always select the Company that perfectly fits your particular business requirements and goals is of extreme importance. Try to get professional business leadership from CAs, CSs, and lawyers who can help you with assessing the options.
  • Create a good team: To build a successful startup, you need the right mixtures of skills, traits, and expertise. A strong and good team will be willing to support you and offer their presence of mind rightly in whatever decisions you make for the business growth in India. Also, make sure to get the vital legal documents like Partnership Agreement, Employer Agreement, etc. to prevent any disputes in the future.
  • Focus on Customers: Once the entrepreneurs start developing an idea, they may get diverted from their main objective, and they end up with something which is not good for any business. But it is essential to create products that people want to buy and are actually in need.
  • Analyze, Test, and Repeat: It is impossible for any startup to get the product perfect for the first time. Testing your software helps in defining and correcting the bugs & make sure the quality thereby increasing customer satisfaction. There may be a lot of failures and mistakes, but each repetition brings you a step closer to achieving your vision. Also, you can continue analyzing, testing, and repeating process even after your product is launched.

Also, Read: What are the Legal Requirements to Register a Small Firm in India?

What is the Basic Process of Software Company Registration in India?

You can follow the steps below to complete the basic process for registering a Software Company in India:

  • Step 1: The initial and foremost step is to get the Company’s name approved with consent from ROC or Registrar of Companies, and after that, you have to get CIN or Company Identification Number.
  • Step 2: Once you get CIN, then you have to submit all your essential legal documents and other legal forms. During the process of Software Company Registration, you have to mention all the vital information about the Company and also mention the funds, shareholders or members, share capital and all the relative information which you require to fill in the legal form.
  • Step 3: Once all the information, documents, and legal form get approved, then the owner of the Company can apply for the Registration Certificate.

Legal Processes used to Start a Software Company in India

The legal formalities regarding Software Company Registration in India have two different ways: pre-registration process, and post-registration. So following is the pre-registration process includes the legal formalities:

  • Step 1: Obtaining DIN (Directors Identification Number): The first step of Software Company Registration is to obtain DIN for all the proposed directors of the Company. Supremely, the number of directors in a company must be in-between two and eight, neither less than two nor more than eight. All the directors of the Company should have a separate Directors Identification Number. DIN can be obtained by submitting the director’s identity proofs such as Aadhar Card, PAN Card, Voter’s ID, Passport, and for residence proof submit the latest utility bills, Ration card, etc.
  • Step 2: Registration and Reservation of a Company Name with the ROCs: After obtaining DIN of all the directors, the next step is to reserve the Company’s name. So, in order to register the Company’s name for your software company, you need to run through a company’s name search to check if your proposed name is already available or not. If the name is not available, then you can choose the name by own by keeping in mind the MCA guidelines for naming.
  • Step 3: Application for COI: Once you choose the name for your new Software Company, then the next step is to apply for Certificate of Incorporation (COI). At this step, you need to prepare a draft of an MOA (Memorandum of Association) including the Company’s first directions and operations thereof. While applying for Software Company Registration one has to submit his or her application along with the Form 1A at the official portal of the department.
  • Step 4: Get DSC (Digital Signature Certificate): According to the provisions of the Information Technology Act, 2000 a company or entity is required to have a valid Digital Signature on the documents submitted electronically, and this will make sure the security or authenticity of documents filed electronically.

Conclusion

All the tips as we mentioned above will definitely help you to set up your Software Company in India without any problems, and you must follow all the specified legal procedures to make sure that smooth functioning of your Company and for the Software Company Registration you need to follow all the steps as described above. In case still, you have any question regarding Software Company Registration then you can call our experts at Swarit Advisors, they will help you to complete the registration process.

Also, Read: What is the Process of Private Limited Company Registration?

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A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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