Switzerland: Where can you find information about the company in India?
To print this article, simply register or connect to Mondaq.com.
In this article, we will look at what information is publicly available for companies registered in India.
Types of businesses
The main types of businesses, partnerships, and business entities (which we collectively refer to as companies) in India are:
- Anonymous companies
- Limited liability companies
- Joint ventures
- Partnership companies
- Limited liability companies (LLP)
- One-person businesses
- Sole proprietorships
- Non-governmental organizations
For more information on the specifics of each type of business, visit this link.
Information on companies is kept at national level in a database (also called MCA Portal, see below) as well as in the register of companies of the State or Union territory in which the company is located. recorded.
Foreign companies can register a subsidiary or branch through the competent company registration office of the state or Union territory in which they wish to register. More information is available here.
National Business Information Database – Ministry of Corporate Affairs
The Indian Central Government’s Ministry of Commercial Affairs maintains a national database (MCA portal) on all Indian and foreign companies registered in India. This database is available at the following link.
The database can be searched using the name of the company or its registration number. Each company is assigned a unique name of 21 alphanumeric characters when registering, for example the “Corporate Identity Number” – CIN, “Foreign Company Registration Number” – FCRN, “Limited Liability Partnership Identification Number” – LLPIN, “Foreign Limited Liability Partnership Identification Number “” – FLLPIN.
The following information in the database is available free of charge:
- Corporate Identity Number
- Company Name
- Company Register Code (ROC)
- Business Number
- Corporate category (for example, company limited by shares)
- Business category (e.g. private, public)
- Authorized capital (Indian rupees)
- Date of constitution
- Registered address
- Details of directors / signatories
The following documents are available against payment of a fee:
- Certificates (e.g. incorporation, business start-up)
- Change of directors
- Constitution documents
- Billing documents
- Electronic forms Annual declarations and balance sheets
- LLP Forms (Business Conversion to LLP)
- Other electronic forms and documents
To access paid services, you must connect to the database (MCA Portal) and pay the prescribed fees. Anyone from India or overseas can do so by creating an account on the MCA portal and providing a valid credit card. The prescribed fees for each document are specified here, in the “Fees and payment services” tab. The documents you order will be made available to you on the portal at the address “Request for digitized documents” here.
Registrar of companies
The Enterprise Registrar is a government agency under the Ministry of Commercial Affairs, which is responsible for registering and administering businesses in the States and Territories of the Indian Union. There are individual business registers in the top 25 Indian states and Union Territories. Large Indian states like Maharashtra and Tamil Nadu have more than one registrar. A business is most likely to be registered with the registrar of the state or Union territory where it conducts its primary business activity.
A business must obtain the approval of the Individual Business Registrar (also known as ROC) of the state or Union Territory of India in which it wishes to incorporate. The registrar issues a certificate of incorporation which is conclusive proof of the existence of a corporation. Registered companies are required to file their annual reports and financial statements, periodic reports and resolutions of their shareholders and directors with the Registrar.
Company information can be obtained directly from the individual registrar of the relevant state or Union territory. Each registrar maintains a register of business registers that are registered with them and allows the general public to access this information in the form of physical copies against payment of a prescribed fee. Currently there are no separate internet links for obtaining company information directly from registrars and instead you have to physically go to the individual office, make a request and pay the prescribed fee to receive copies. physical information requested. All registrar phone numbers and addresses are available at the following link.
As a reminder, all information physically held by registrars can be obtained from the national database (MCA Portal) maintained by the Ministry of Commerce (see above).
Certified true copies
Sometimes certified true copies of company documents filed with registrars (ROCs) must be submitted to a judicial authority or Indian court in connection with legal proceedings or pending litigation. You can order certified copies of company documents (without stamp duty or legal costs) on the MCA portal.
In order to be able to submit certified true copies to a judicial authority or Indian court, the applicable stamp duty and court costs must have been paid. The amount of stamp duty and court costs vary in each state and territory of the Union. Payment can be made on the MCA Portal for the applicable document under the “Payment and Fee Services” tab at the link above (however, you must first have registered an account and then log into it). Once payment has been made, the relevant registrar will send you certified true copies within 15 days. More information on the payment of stamp duty and court costs can be found here.
Alternatively, you can also go to the relevant registrar’s office and pay the applicable stamp duty and court fees to obtain certified copies of the documents.
The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.
POPULAR ARTICLES ON: Corporate Law / Swiss Commercial Law