A certificate of incorporation of a company is similar to a domicile certificate in many ways. It also has some unique characteristics which are not present in the latter. Since a company is an artificial legal person, it requires a government certification that announces its birth. This is the certificate of incorporation. In this article, we will draw a parallel between a domicile certificate and a certificate of incorporation of a company to help you understand the purpose of the latter.
What is a Certificate of Incorporation?
When you register a company, the Government of India issues a certificate through its Central Registration Center (CRC). This certificate is legal proof of the formation of the company. Further, it is called the Certificate of Incorporation of the company. Also, this is pursuant to subsection (2) of section 7 of the Companies Act, 2013 and rule 18 of the Companies (Incorporation) Rules, 2014.
Before you receive the certificate of incorporation, you need to complete the following steps:
- Apply for the Director Identification Number (DIN). Also, apply for the Digital Signature Certificate (DSC).
- Apply for the availability of your selected company name.
- You also need to draft the Articles of Association (AoA) and the Memorandum of Association (MoA).
- File e-forms with the Registrar of Companies (RoC). Also, pay the required stamp duty and fees to the RoC.
- Wait for the successful verification of documents by the RoC.
- Receive the Certificate of Incorporation.
The certificate of incorporation carries the following details:
- The name of the company.
- The Corporate Identification Number (CIN) of the company.
- PAN or the Permanent Account Number of the company.
- Also, TAN or the Tax Deduction and Collection Account Number of the company.
- The date of issue of the certificate of incorporation. This also becomes the date of incorporation of the company.
- The mailing address of the company as per the records available with the Registrar of Companies (RoC).
Here is a quick look at a sample certificate of incorporation:
What is a Domicile Certificate?
A domicile certificate is the proof of residence of an individual in a particular state in India. Further, the local authorities – the Sub-Divisional Magistrate/Tehsildars /Revenue Department/District Collectors, or any other authority as specified in the State is authorized to issue a domicile certificate. Also, an individual can hold a domicile certificate of only one state at any point in time. Hence, if he/she holds a certificate for more than one state, then it is an offense. Also, married women get the domicile certificate based on the residential status of their husbands.
Here is a list of documents required for applying for a domicile certificate:
- Completed application form.
- Proof of Address
- Proof of Identity
- Age proof (it must specify the date of birth).
- Two passport-sized color photographs
- Photocopies of all documents attested by a government official.
- An affidavit* from a court of tahsil
- Also, any other documents as specified by the state.
* Details of the Affidavit
As mentioned above, you need to create an affidavit for obtaining a domicile certificate. Further, the affidavit must contain the following information:
- Your name and complete address.
- Name of your father or spouse along with details.
- How long you have stayed at the address mentioned in the application (number of months/years). Also, the exact period of stay.
- A self-declaration certifying that all information in the affidavit is true.
- Further, the purpose of applying for a domicile certificate.
- Finally, the date and signature.
Certificate of Incorporation vs Domicile Certificate
|Feature||Certificate of Incorporation||Domicile Certificate|
|Issuing Authority||Ministry of Corporate Affairs through its Central Registration Centre.||Local authorities, i.e., the Sub-Divisional Magistrate/Tehsildars /Revenue Department/District Collectors, or any other authority as specified in the State.|
|Control||A single central authority in India issues the certificate of incorporation.||Every state issues a domicile certificate.|
|Importance||It is proof of incorporation. Also, it proves the existence of the Company as a separate legal entity.||It is proof of residence of a person in a particular state.|
|Purpose||Incorporation Certificate gives existence to Company. Also, it allows you to start the business post completion of the other requirements as per law.||Domicile certificate gives proof of residence of an individual in a state. Hence, it is important for admissions or jobs or any place where a domicile proof is required.|
As you can see above, the certificate of incorporation allows a company to take its first breath. Hence, it is the birth of your company as a legal entity and marks the start of your business. We hope that this article helped you understand the importance of a certificate of incorporation. Do let us know if you have any queries.