Common Mistakes to Avoid During Company Registration
Here’s a detailed list of common mistakes to avoid during company registration in India, whether you're registering a private limited company, LLP, OPC, or any other entity under the Companies Act, 2013:
🔴 1. Choosing the Wrong Business Structure
Mistake: Selecting a business structure that doesn’t suit your current or future needs.
Tip: Evaluate business goals, investment plans, liability tolerance, compliance capacity, and tax implications before choosing between a Private Limited Company, LLP, OPC, or Partnership.
🔴 2. Not Conducting a Proper Name Availability Check
Mistake: Applying for a name already in use or too similar to an existing company/trademark.
Tip: Use the MCA Name Check tool and check Trademark Registry to ensure your proposed name is unique and legally valid.
🔴 3. Providing Incorrect or Incomplete Documents
Mistake: Submitting mismatched address proofs, unsigned documents, or outdated identity documents.
Tip: Ensure PAN, Aadhaar, address proof, and utility bills (not older than 2 months) are correct, updated, and match across documents.
🔴 4. Errors in MOA and AOA Drafting
Mistake: Drafting Memorandum and Articles of Association with generic or conflicting clauses.
Tip: Customize MOA and AOA according to your business activity and ensure consistency with the Companies Act provisions.
🔴 5. Incorrect Director/Shareholder Details
Mistake: Mistakes in spelling, DIN, PAN, or shareholding proportions.
Tip: Double-check all director and shareholder information including Digital Signature Certificate (DSC) and Director Identification Number (DIN) before submission.
🔴 6. Using Residential Property Without Proper NOC
Mistake: Using a residential address as the registered office without landlord NOC.
Tip: Always attach a No Objection Certificate from the property owner and valid address proof (like utility bill).
🔴 7. Ignoring Industry-Specific Licenses
Mistake: Assuming company registration is the only compliance needed.
Tip: Post-registration, check for additional registrations like GST, MSME, FSSAI, Import-Export Code (IEC), etc., based on your business.
🔴 8. Not Appointing a Professional (CA/CS) When Needed
Mistake: DIY approach without legal or accounting knowledge can lead to compliance issues.
Tip: Engage a Chartered Accountant or Company Secretary to ensure accurate documentation and compliance with regulatory updates.
🔴 9. Not Opening a Bank Account Promptly
Mistake: Delay in opening the company’s current account, which can affect capital infusion and transactions.
Tip: Open a current account soon after incorporation using the Certificate of Incorporation, PAN, and Board Resolution.
🔴 10. Not Complying with Post-Incorporation Requirements
Mistake: Missing mandatory filings like INC-20A (Declaration for commencement of business) or failing to issue share certificates.
Tip: Complete all post-registration tasks like:
Filing INC-20A within 180 days
Holding first board meeting
Issuing share certificates within 60 days
Maintaining statutory registers
✅ Bonus Tip: Keep Track of Compliance Dates
Use a compliance calendar to avoid late fees, penalties, or even company strike-off.