Domicile Certificate Vs Incorporation Certificate

Domicile Certificate

What is a Domicile Certificate?

In general, a domicile Certificate or a residence certificate is issued by a state government to prove that the person having the domicile certificate is a resident of that particular State or Union Territory as stated in the domicile certificate. A Woman who is not originally belonging to a State or Union Territory, but married to a man who is a permanent resident of that particular State or Union Territory or who is eligible for the State’s or Union Territory’s Domicile Certificate, is also eligible to apply for a Domicile Certificate. Domicile Certificate is a document by which a person can avail various benefits such as education, job and other benefits (Resident Quotas in the Government Service and educational institutions, and also in case of jobs where local residents are preferred).

How to Obtain a Domicile Certificate?

An applicant can get the application forms either from the local authorities (Tahsildar’s office /Sub-Divisional Magistrate/ District Collector’s Office/ Revenue Department or any other authorized authority in the State/UT).

Documents Required for obtaining Domicile Certificate

As stated earlier, domicile certificate is a certificate that can be issued under the rules and regulation of a state government. Therefore, an applicant is required to provide various documents depending upon the rules and regulation of a particular State/Union Territory.   Generally, the following documents are required for obtaining a Domicile Certificate:

•       Proof of residences such as ration card or driving license
•       Age proof such as birth certificate, school certificate (10th admit card),       etc.
•       Two passport size photographs
•       Proof of identity such as an Aadhaar card, PAN card, etc.
•       Self-declaration form.
•       Duly filled the application form.
•       Photocopies of all documents duly attested by a government official.
•       An affidavit from tahsil or court.

Affidavit for Domicile Certificate In order to obtain a domicile certificate, the applicant will have to create an Affidavit. In simple words, an applicant who is a permanent resident of a particular state or union territory and holding a valid proof of identity & residence can create the affidavit for domicile certificate. The affidavit for the domicile certificate must include the details listed below:

• Name, age and address of the applicant (deponent)
• Name of the father or name of the spouse and details (in the case where the applicant is a married woman and not being a permanent resident of the state in which she wants to claim domicile certificate)

• The Period staying (number of months/years) of the applicant in the address mentioned and the exact period of stay.
• A declaration by the applicant stating that the information stated in the affidavit and that all supporting documents are genuine
• The purpose for which domicile certificate is required
• Signature of the applicant
• Date on which the affidavit is made

Incorporation Certificate

What is Incorporation certificate?

An incorporation certificate is a legal document required at the time of the formation of the company. In other words, an incorporation certificate is a license issued by the state government in order to form a company. Registration of a Private company or formation of a company includes 7 main steps:-

• Filling Director Identification Number (DIN) application and Digital Signature Certificate (DSC)
• Applying for the availability of the name selected
• Drafting of Memorandum of association (MOA) and Article of association (AOA) respectively
• Filling of E-forms with Registrar of companies
• Paying required fees and stamp duty to the Registrar of companies
• Verification of the documents/forms by ROC
• Finally, on successful completion of the said procedure, Certificate of Incorporation is issued to a director of the company

Thus we can say, Incorporation Certificate is a legal document which brings the company into existence or makes the company formation valid. An Incorporation Certificate mainly includes five things:

• Company’s name with its abbreviation
• A statement of business purpose
• The address of the registered office of the company and the name of the registered agent for the address
• Description of the stocks (if there are more than one type) that company can issue and the number of the shares company is authorized to issue
• The name and address of the business incorporated

Difference between a Domicile Certificate and Incorporation Certificate

DOMICILE CERTIFICATE	INCORPORATION CERTIFICATE
Domicile certificate is issued to an individual.	Incorporation certificate is issued to a company.
A domicile certificate is considered as proof of residence	An incorporation certificate is considered as formation proof of a company’s existence
Only a permanent resident of a particular state can apply for domicile certificate	There is no such requirement
No DIN is required	DIN is mandatory
Application is to be filed at tahsildar’s office /Sub-Divisional Magistrate/ District Collector’s Office	Application is to be filed with ROC
Domicile certificate is used to avail various admissions, job and other benefits (Resident Quotas in the Government Service and educational institutions, as also in case of jobs where local residents are preferred).	An Incorporation Certificate is the legal document which brings the company into existence or makes the company formation valid.

Frequently Asked Questions

Q. What is the eligibility criteria for obtaining a Domicile Certificate?

A. To obtain the domicile certificate anywhere in India, the person has to be a resident of a particular state for at least six years preceding the period of application. Additionally, if the applicant is below 18 years of age, then the applicant’s father must have a valid domicile certificate or else the application is null and void.

Q. Can the Aadhar card be used as a domicile certificate?

A. No. Aadhar card cannot be used as a domicile certificate. It is only proof of identity and not proof of residence.

Q. Can existing and new businesses both apply?

A. Yes, an existing and new business can apply for MSME/Udyog Aadhar registration. Provided the existing unit is functioning and meets the threshold limits for registration.

Q. What is the validity of a domicile certificate?

A. The domicile certificate once received is valid for a lifetime unless the holder changes his residence and moves to a different state.

Q. In how many days will I receive my domicile certificate?

A. The certificate gets processed within seven days from the date of application. This deadline is adhered to only if all the documents are accurate.

Q. What are the benefits of a Domicile certificate?

A. A domicile certificate can provide various benefits to the holder such as education, government-sponsored scholarship, as well as employment under state quotas. It is also applicable to certain job profiles where local residents are preferred.

Q. Do I need a digital signature certificate to apply for a certificate of incorporation?

A. Yes. The digital signature certificate of the director is a prerequisite for obtaining the certificate of incorporation.

Q. Does the incorporation certificate apply to a one-person company too?

A. Yes. The one-person company also needs to apply for a certificate of incorporation to conduct business. All other documents that the director of the one-person company holds are either identity proof or address proof.

Q. Is the certificate of incorporation mandatory?

A. Certificate of incorporation provides legal identity to the company, and hence the company must obtain the same. It is a license for conducting business.