As per the roles and responsibilities mentioned on official govt website, MCA, or the Ministry of Corporate Affairs is primarily concerned with facilitation and administration of the following Acts (Laws & regulations):
| 1. Companies Act 2013 2. Companies Act 1956 3. Limited Liability Partnership Act, 2008 4. Competition Act, 2002 5. Partnership Act, 1932 6. Companies (Donations to National Funds) Act, 1951 7. Societies Registration Act, 1980 8. Insolvency and Bankruptcy Code, 2016 |
Besides, it exercises supervision over the three professional bodies, namely, Institute of Chartered Accountants of India (ICAI), Institute of Company Secretaries of India (ICSI) and the Institute of Cost Accountants of India (ICMAI) which are constituted under three separate Acts of the Parliament for proper and orderly growth of the professions concerned.
What is the role of Ministry of Corporate Affairs (MCA)?
The Ministry of Corporate Affairs (MCA) in India plays a crucial role in regulating and administering corporate affairs and related matters in India. Here are some key functions and responsibilities of the MCA:
| Company Registration and Regulation: The MCA is responsible for the registration, regulation, and administration of companies in India under the Companies Act, 2013. It oversees the incorporation of new companies, registration of existing companies, and maintenance of the official registry of companies. |
| Corporate Governance: The MCA works to promote good corporate governance practices among companies operating in India. It formulates policies, regulations, and guidelines aimed at enhancing transparency, accountability, and ethical conduct in corporate governance. |
| Compliance Monitoring: The MCA monitors compliance with various regulatory provisions and statutory requirements applicable to companies, such as filing of annual returns, financial statements, and other statutory documents. Non-compliance can result in penalties or other enforcement actions. |
| Insolvency and Bankruptcy: The MCA oversees the implementation of the Insolvency and Bankruptcy Code (IBC), which provides a framework for the resolution of insolvency and bankruptcy proceedings for individuals and corporate entities. It plays a key role in the administration of the insolvency process through the National Company Law Tribunal (NCLT) and the Insolvency and Bankruptcy Board of India (IBBI). |
| Regulation of Corporate Professionals: The MCA regulates various professionals associated with corporate affairs, such as chartered accountants, company secretaries, and cost accountants. It sets standards of professional conduct, oversees their registration and licensing, and takes disciplinary action against professionals for misconduct or violations of regulations. |
| Investor Protection: The MCA works to protect the interests of investors and shareholders by ensuring transparency, fairness, and integrity in corporate transactions and disclosures. It regulates aspects such as related-party transactions, insider trading, and corporate governance practices to safeguard investor rights. |
| Corporate Law Reforms: The MCA is involved in formulating and implementing reforms to corporate laws and regulations in India. It periodically reviews and updates the Companies Act and other relevant legislation to promote ease of doing business, enhance corporate transparency, and strengthen the regulatory framework. |
| Promotion of Corporate Social Responsibility (CSR): The MCA encourages companies to fulfill their corporate social responsibility obligations by contributing to social and environmental causes. It mandates certain qualifying companies to spend a prescribed amount on CSR activities and monitors compliance with CSR reporting requirements. |
Overall, if your are someone who wants to start a business in India (and are serious about it), whether it is a local business in your area, e-commerce business or a Start-up, you need to register the business in a structured and legal manner under the ministry of corporate affairs.
Types of business registrations available under MCA
Under the Ministry of Corporate Affairs (MCA) in India, there are several types of company registrations available, each with its own distinct characteristics and requirements. The primary types of business registrations under the Companies Act, 2013, are as follows:
| Private Limited Company (Pvt Ltd): Suitable for small to medium-sized business 1. Requires a minimum of two shareholders/ directors (maximum of 200 shareholders). 2. You can register a Pvt Ltd company with Paid-up Capital of Min. Rs. 1 only. 2. The liability of shareholders is limited to the extent of their shareholding/ guarantee or unlimited liability. 3. Shares cannot be publicly traded or transferred without the consent of other shareholders. 4. The company shareholders can raise capital privately to enhance business, but cannot raise capital from public through stock-exchange. 5. Compulsory appointment of Statutory Auditor and regular statutory audits every financial year. |
| Limited Liability Partnership (LLP): Suitable for professionals & small businesses engaged in service-oriented activities 1. Combines the features of a company and a partnership. 2. Requires a minimum of two partners (no maximum limit). 3. Partners have limited liability, protecting their personal assets from the company’s debts and obligations. 4. Allows flexibility in management and ease of compliance compared to traditional companies. 5. Appointment of Statutory Auditor is not required, Statutory Audit if turnover above 40 Lakh Indian Rupees or partner contributions above 25 Lakh Indian Rupees. |
| One Person Company (OPC): Suitable for Individual proprietors 1. Introduced to facilitate single entrepreneurship. 2. Allows a single individual to establish a company with limited liability. 3. The sole member acts as the director and has full control over the company’s operations. 4. Ideal for entrepreneurs who wish to enjoy limited liability without the requirement of additional shareholders. |
| Section 8 Company (Non-Profit Organization): Suitable for entities engaged in philanthropic or charitable activities 1. Formed for promoting charitable objectives, such as education, social welfare, or scientific research. 2. Profits, if any, are reinvested for furthering the organization’s objectives and cannot be distributed to members. 3. Requires a minimum of three directors and members. 4. Eligible for tax exemptions under certain conditions. |
| Public Limited Company: Suitable for large-scale businesses planning to raise capital from public through stock exchange 1. Requires a minimum of seven shareholders and three directors (no maximum limit on shareholders). 2. The liability of shareholders is limited to the extent of their shareholding. 3. Shares can be freely traded on the stock exchange, allowing for public investment. 4. Subject to stricter regulatory requirements and disclosure norms compared to private limited companies. |
| Nidhi Company: Suitable for money-lending business without RBI licence 1. Nidhi Company is a type of non-banking financial institution (NBFC). 2. Primarily deals with borrowing and lending money among its members. 3. These companies are formed with the objective of cultivating the habit of thrift and savings among its members 4. Nidhi Companies do not need to register for a license from Reserve Bank of India (RBI). 5. They have to be registered as a public company and their names should end with ‘Nidhi Limited‘. 6. Requires min. 7 shareholders, min. 3 directors and min. 200 members. |