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Incorporation of Company

Registration completed in 7-10 business days
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Director’s Identification Number (DIN) secured
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Company Law in India

The Companies Act, 2013 is the cornerstone of business registration and corporate governance in India. Administered by the Ministry of Corporate Affairs (MCA), it outlines the legal framework for forming, managing, and dissolving companies. Whether you're incorporating a Private Limited Company, LLP, or OPC, the Act governs critical aspects like director responsibilities, shareholder rights, and annual filings such as MGT-7 (Annual Return) and AOC-4 (Financial Statements), all of which must be submitted to the Registrar of Companies (ROC).

For certain sectors, compliance doesn't stop at the Companies Act. Regulatory bodies like SEBI (for listed companies and capital markets) and RBI (for NBFCs and fintech firms) impose additional oversight based on industry type. Understanding these obligations from day one helps avoid penalties, build credibility with investors and banks, and ensure your business operates on a solid legal foundation. Whether you're launching a startup or scaling an SME, having a firm grasp of India’s corporate law is essential for sustainable growth and risk mitigation.

What is Company Incorporation in India?

Company incorporation in India is the formal legal process of registering a business as a distinct legal entity under the Companies Act, 2013, administered by the Ministry of Corporate Affairs (MCA). Once incorporated, the company is issued a Certificate of Incorporation along with a Corporate Identification Number (CIN) by the Registrar of Companies (RoC)—officially confirming its recognition as a separate legal person.

Incorporation provides a business with a corporate identity, protecting the personal assets of its owners by limiting liability. A registered company can open a current bank account, raise capital, apply for government registrations like GST, MSME, and FSSAI, and enter into binding legal contracts in its name. It also qualifies the business for startup recognition, tax benefits, and enhanced credibility with investors, customers, and regulators.

Company structures in India

Business RegistrationInternational Business SetupCompliance ServicesOther Services

Start your business seamlessly with expert guidance. Whether you're forming a private limited company, LLP, or any other entity, we ensure a hassle-free process by managing everything from documentation to government approvals.

Private Limited Company Registration

Ideal for startups, offering limited liability and simplified venture capital raising. Secure investor funding effortlessly and protect your personal assets.

Limited Liability Partnership (LLP) Registration

LLP combines limited liability with operational flexibility. Perfect for small businesses and professionals seeking liability protection without the rigid corporate structure.

One Person Company (OPC) Registration

OPC is the ideal choice for solo entrepreneurs, offering limited liability and a corporate structure without the need for partners.

Sole Proprietorship Registration

A sole proprietorship is the simplest business structure, ideal for small businesses. Enjoy full control, minimal compliance, and easy setup.

Nidhi Company Registration

Nidhi Company is perfect for promoting savings and lending among members. Experience simplified registration and full compliance with government regulations.

Producer Company Registration

Tailored for agriculture-based businesses, Producer Company supports farmers and rural producers. Gain legal recognition with an easy setup and operational benefits.

Partnership Firm Registration

Simple and flexible, a Partnership Firm is ideal for small businesses. Easily formed with minimal compliance, allowing shared responsibility. Register your firm quickly and start operating!

Startup India Registration

Register your firm under the Startup India scheme. Enjoy tax exemptions, funding opportunities, and simplified compliance. Start today and accelerate growth!

Take your business global with Vakilsearch's expert guidance.

USA Incorporation

Singapore Incorporation

UK Incorporation

Netherlands Incorporation

Hongkong Incorporation

Dubai Incorporation

Not Sure About Your Business Type?

Feeling uncertain about the ideal business structure? Consult with our experts for guidance and support in finding the right one for you

Register Your Company in India

Registering a company in India is the foundational step for legally establishing your business. Under the Companies Act of 2013, any entity can be formed for lawful purposes by following the guidelines set by the Ministry of Corporate Affairs (MCA). Company registration not only provides the entity with a unique legal identity but also grants various rights and protections under Indian law.

Choosing the correct company structure is critical, as it impacts operational efficiency, compliance requirements, and the ability to meet business objectives. Options include private limited companies, limited liability partnerships, and sole proprietorships, each offering distinct advantages. Registering a company in India enables businesses to access government incentives, claim legal rights, and build credibility in the market.

The MCA’s official portal offers a streamlined process for registering a company, allowing businesses to obtain their legal identity and operate with compliance.

Benefits of Incorporating a Company in India

The process is governed by the Ministry of Corporate Affairs (MCA) and involves registering business with the Registrar of Companies (RoC), along with obtaining a Digital Signature Certificate (DSC) and Director Identification Number (DIN).

Separate Legal Identity

Once incorporated, the company becomes a distinct legal entity. It can own property, sign contracts, and operate independently of its owners.

Limited Liability Protection

Shareholders’ personal assets are safeguarded from company debts or risks, ensuring financial security.

Eligibility for Government Schemes

Incorporated companies can access government schemes such as:

Startup India: Offers tax exemptions, funding support, and easier compliance requirements for eligible startups.
Make in India:Provides incentives, subsidies, and promotional support for manufacturing businesses in India

Tax Benefits

Companies in India enjoy competitive corporate tax rates, with special deductions and lower rates available for startups and new manufacturing units, under the Income Tax Act.

Increased Credibility

Registered companies are seen as trustworthy by investors, clients, and vendors, making it easier to secure funding and partnerships.

Perpetual Succession

The company’s existence is not affected by the death or resignation of its shareholders or directors, ensuring long-term stability.

Ease of Ownership Transfer

Ownership can be transferred easily by selling shares, making it simple to attract new investors or transition leadership.

Global Opportunities

Incorporating a company enables businesses to enter international markets, attract Foreign Direct Investment (FDI), and establish a credible presence globally.

Compliance and Legal Safeguards

Incorporated companies are required to comply with Indian company law, including annual filings, financial disclosures, and other legal obligations. This structured compliance helps reduce disputes and ensures smoother business operations.

Eligibility Criteria for Company Registration in India

To register a company in India under the Companies Act, 2013, founders must meet essential legal and procedural requirements set by the Ministry of Corporate Affairs (MCA). These criteria apply across business structures, including Private Limited Companies (Pvt Ltd), Limited Liability Partnerships (LLP), and One Person Companies (OPC). Understanding these baseline conditions helps prevent delays and ensures compliance during incorporation.

Key Eligibility Conditions

Resident Indian Director: At least one director must be a resident of India, having stayed in the country for a minimum of 182 days in the previous calendar year, as per Section 149(3) of the Companies Act.
DIN and DSC Required: All proposed directors must obtain a Director Identification Number (DIN) and a Digital Signature Certificate (DSC) to file e-forms and authenticate company documents digitally.
Minimum Age & Legal Capacity: Directors and shareholders must be at least 18 years old and legally competent to enter into binding contracts under the Indian Contract Act, 1872.
Foreign Nationals Permitted: Non-residents and foreign nationals can be directors or shareholders, provided they submit notarized and apostilled identity and address proof, including passport and utility bills.
Valid Documentation: Indian applicants must provide PAN, Aadhaar, and address proof such as a utility bill or bank statement not older than 60 days.
Unique Company Name: The company name must be distinct and not conflict with any existing company or registered trademark. Use the MCA’s RUN (Reserve Unique Name) service to check name availability.
Lawful Business Purpose: The company’s objectives must be legal and within the framework of Indian regulatory guidelines. Businesses involved in prohibited or restricted sectors will be rejected at the registration stage.

Checklist for Company Registration in India (2025)

To successfully register a company in India under the Companies Act, 2013, you must follow a structured checklist that covers all legal, digital, and regulatory steps mandated by the Ministry of Corporate Affairs (MCA). Whether you’re forming a Private Limited Company (Pvt Ltd), Limited Liability Partnership (LLP), or One Person Company (OPC), this guide ensures you meet every compliance requirement—from business planning to post-incorporation obligations.

Pre-Incorporation Requirements

Choose a suitable business structure: Select from Pvt Ltd, LLP, or OPC based on your capital needs, liability preferences, and team size.
Reserve a unique company name: Use the MCA’s RUN (Reserve Unique Name) service to ensure your proposed name doesn’t conflict with existing companies or trademarks.
Define your business activity in the MoA: Draft the Memorandum of Association (MoA) with clear objectives that reflect your operations and comply with prescribed industrial classifications.
Finalize initial capital and ownership: Decide on the authorized share capital and the shareholding pattern among promoters or partners.
Appoint at least one resident Indian director: As per Section 149(3) of the Companies Act, one director must have resided in India for a minimum of 182 days in the previous calendar year.
Gather KYC documents for all stakeholders:
1. PAN and Aadhaar (or Passport for foreign nationals)
2. Address proof (Utility bill or bank statement, not older than 60 days)
3. Passport-sized photographs of all directors and shareholders

Digital & Legal Setup

Apply for Digital Signature Certificate (DSC): Required for e-signing incorporation documents on the MCA portal
Obtain Director Identification Number (DIN): Mandatory for each director before company formation.
Draft core incorporation documents: Prepare the Articles of Association (AoA) alongside the MoA, outlining company rules and internal governance.
Set up a registered office address: Submit proof such as a utility bill, rent agreement, and NOC (if premises are not owned by a director/shareholder).

Company Incorporation Process

Submit the SPICe+ Form (Parts A & B): Complete name reservation, incorporation, PAN, and TAN application through this unified online form on the MCA portal.
Receive the Certificate of Incorporation (COI): Once approved, you will receive the COI, PAN, and TAN digitally from the Registrar of Companies (ROC).

Post-Incorporation Essentials

Open a current account in the company’s name: Use the COI, PAN, and AoA to activate a corporate bank account
Apply for GST registration: Mandatory if annual turnover exceeds the prescribed limit or for businesses involved in inter-state supply or e-commerce.
Appoint a statutory auditor within 30 days: As per Section 139 of the Companies Act, all Pvt Ltd companies must appoint an auditor within 30 days of incorporation.
Apply for Startup India recognition: Optional but recommended—qualifying startups receive tax exemptions, funding access, and compliance relaxations under the DPIIT scheme.
Register intellectual property (IP): Secure your trademark, brand name, or logo to protect your identity and build brand credibility.

Required Documents for Company Registration in India

To register a company in India under the Companies Act, 2013, the Ministry of Corporate Affairs (MCA) requires complete and verified documentation for all directors, shareholders, and the registered office address. Submitting accurate, up-to-date documents ensures faster processing, minimises compliance risk, and helps avoid incorporation delays with the Registrar of Companies (ROC).

Documents for Directors and Shareholders

Passport-sized photograph (recent, color, and clear)
PAN Card (mandatory for all Indian citizens)
Identity Proof (any one of the following): Aadhaar Card, Passport, Voter ID and Driver’s License
Residential Address Proof (any one of the following, not older than 60 days): Utility bill (electricity, gas, water), Bank statement, and Mobile or landline phone bill
Digital Signature Certificate (DSC): Required to electronically sign incorporation documents submitted to the MCA portal
Director Identification Number (DIN): Mandatory unique ID for each proposed director under Section 153 of the Companies Act
Foreign nationals must submit notarized and apostilled copies of identity and address proof as per Indian regulatory standards.

Documents for Registered Office Address

Proof of Address (dated within 60 days): Electricity bill, Water bill and Property tax receipt
No Objection Certificate (NOC): Issued by the property owner allowing use of the premises for business registration
Tenancy or Ownership Proof: Registered rental agreement (if leased), Property ownership deed (if owned)

Company Formation Documents

Memorandum of Association (MoA): Outlines the company’s legal name, registered office, capital structure, and principal business activities
Articles of Association (AoA): Defines the internal rules, governance policies, director roles, and shareholder rights
Director and Shareholder Details: Full Name, Date of Birth, Nationality, Occupation and Percentage of shareholding (if applicable)

Note: The documents may vary based on the type of company you are planning to register. . For more detailed information get in touch with our experts today.

Company Registration Process in India - Step-by-Step Guide (2025)

The Company Registration Certificate—also known as the Certificate of Incorporation—is the final legal document issued by the Ministry of Corporate Affairs (MCA) after successfully completing the company formation process. This guide outlines the step-by-step procedure required to legally register a business in India and obtain this certificate through the Registrar of Companies (RoC).

Whether you're launching a startup or formalizing an existing business, this 2025 roadmap ensures your company complies with the Companies Act, 2013 and is issued a legally recognized identity via the Company Registration Certificate.

Step 1: Choose the Right Business Structure

Your business type determines liability, funding access, and regulatory obligations. Choose from:

Private Limited Company (Pvt Ltd): Ideal for startups; offers limited liability and eligibility for equity funding
Limited Liability Partnership (LLP): Flexible structure with partnership-style governance and corporate shielding
One Person Company (OPC): For solo founders seeking legal separation from personal assets
Public Limited Company (PLC): Suitable for large-scale ventures planning to raise public capital
Sole Proprietorship / Partnership: Simplified models with basic compliance; not eligible for a Company Registration Certificate

Step 2: Obtain Director Identification Number (DIN)

A DIN is a mandatory requirement under Section 153 of the Companies Act, 2013. Every director must apply for a DIN through:

The SPICe+ incorporation form, or a separate DIN application on the MCA portal

Time Estimate: 1 working day

Step 3: Get a Digital Signature Certificate (DSC)

The Digital Signature Certificate enables directors to sign electronic documents filed with the MCA.

How to Apply:

Use licensed authorities like eMudhra, Sify, or Ncode
Submit PAN, address proof, and photograph

Time Estimate: 1–2 working days

Step 4: Choose and Reserve a Unique Company Name

Ensure the name is unique, legally permissible, and trademark-safe
Check availability using the MCA RUN (Reserve Unique Name) service
Comply with Companies (Incorporation) Rules, 2014

Once approved, your name is reserved for 20 days

Time Estimate: 1–2 working days

Step 5: Draft Incorporation Documents (MoA & AoA)

These legal documents define your company’s framework:

MoA (Memorandum of Association): States business objectives and operational scope
AoA (Articles of Association): Governs internal procedures, director roles, and voting rights

Must be signed digitally by all subscribers and directors.

Step 6: Gather Legal Consents & Declarations

INC-9: Declaration by subscribers that they meet legal conditions
DIR-2: Written consent from each director to act in that capacity

Step 7: File the SPICe+ Form on the MCA Portal

The SPICe+ (Simplified Proforma for Incorporating a Company Electronically) is the core form that integrates:

Name reservation (Part A)
Incorporation (Part B)

Attach:

MoA & AoA
DIN and DSC
ID/address proof
Registered office documents
INC-9 and DIR-2 declarations

Also file AGILE-PRO-S for:

GST Registration
EPFO & ESIC enrollment
Professional Tax (state-specific)
Bank account setup

Step 8: Pay Statutory Fees

Pay applicable government fees on the MCA portal based on your authorized share capital and company type.

Step 9: Receive the Company Registration Certificate

Once the Registrar of Companies approves your SPICe+ application:

You'll receive the Certificate of Incorporation (COI)
It includes your Corporate Identification Number (CIN), PAN, and TAN
This certificate is the official proof of your company’s legal existence

What Is a Company Registration Certificate?

A Company Registration Certificate, officially called the Certificate of Incorporation, is a government-issued document that legally validates the formation of a company in India under the Companies Act, 2013. It is generated digitally by the Registrar of Companies (RoC) under the Ministry of Corporate Affairs (MCA) after successful submission and approval of incorporation documents, as per Section 7(2) of the Companies Act, 2013.

This certificate confirms that your business is a distinct legal entity, capable of owning assets, opening bank accounts, applying for statutory registrations, raising investment, and entering into enforceable contracts in its own name.

What Does the Company Registration Certificate Contain?

The Certificate of Incorporation includes key company details such as:

Company Name (as approved during the SPICe+ filing)
Corporate Identification Number (CIN) – the unique company ID assigned by the MCA
Date of Incorporation – the official date your business is legally formed
PAN and TAN – issued if applied for during incorporation
Company Structure – such as Private Limited, LLP, or One Person Company (OPC)
Registered Office Address – the legal address of the company

Think of this certificate as your company’s legal birth certificate—it authorizes your business to operate formally within India’s regulatory framework.

How to Obtain the Company Registration Certificate

To receive your Certificate of Incorporation from the MCA:

Complete SPICe+ Form (Part A for name reservation, Part B for incorporation) via the MCA portal
Upload required documents, including:
1. Memorandum of Association (MoA)
2. Articles of Association (AoA)
3. Identity and address proofs of directors/shareholders
4. Digital Signature Certificate (DSC) and Director Identification Number (DIN)
Await RoC approval: Upon successful verification, the Certificate of Incorporation is issued digitally and made available on the MCA portal.

Note: No physical copy is issued. Download the certificate from your MCA account once approved.

Why Is the Company Registration Certificate Important?

This certificate is legally required to:

Open a current bank account in the company’s name
Apply for GST, MSME, FSSAI, or other statutory registrations
Raise venture capital or funding from investors and financial institutions
Enter into formal contracts with vendors, clients, and government bodies
Participate in tenders, import-export activities, and regulatory filings

Types of Company Registration

Under the Companies Act of 2013 different types of business entities can be registered. Each and every business entity has its own set of benefits and drawbacks. Here is a complete outline of different business entities and their corresponding information.

	Pvt. Limited Company	One Person Company	Limited Liability Partnership	Partnership Firm	Proprietorship Firm
Compliance Requirement	Companies Act, 2013	Companies Act, 2013	Limited Liability Partnership Act, 2008	Indian Partnership Act,1932	No specified Act
Registration	Mandatory	Mandatory	Mandatory	Optional	No
Number of Owners	2 -200	Only 1	2 - Unlimited	2 -50	Only 1
Separate Legal Entity	Yes	Yes	Yes	No	No
Liability Protection	Limited	Limited	Limited	Unlimited	Unlimited
Statutory Audit	Mandatory	Mandatory	As Applicable	Not Mandatory	Not Mandatory
Ownership Transfer	Yes	Yes (Restricted)	Yes	Yes (Restricted)	No
Perpetual Existence	Yes	Yes	Yes	No	No
Foreign Ownership	Allowed	Not Allowed	Allowed	Allowed	Not Allowed
Taxation Liability	Moderate	Moderate	High	High	Low
Compliance Requirement	High	High	Moderate	Low	Low

Choosing the Right Business Structure

It is crucial to select a proper business structure to avail multiple benefits from incorporation. Based on the type of business structure, compliances vary greatly. For instance, a sole proprietorship company is required to file only the income tax return; a private limited company has to file annual returns and income tax returns with the ROC. You can choose the structure of your company based on the total number of partners or owners involved. Also, the initial investment or initial payment made to start your business also plays a crucial role. You can register your company as a sole proprietorship partnership, LLP, OPC, Section 8 or a private limited company.

Cost of Company Registration

The overall cost of registering a company in India includes government fees, professional fees, DSC cost, and stamp duty. The cost may vary from one type of company to another. Get in touch with our incorporation experts to know how much it will cost you to incorporate your company.

Post-Registration Compliance

After registering your company in India, it is crucial to follow all the post-registration company compliances. Based on the type of company with which you have registered, the compliances vary. However, performing a statutory audit, filing annual returns, staying abreast of ROC compliance, maintaining statutory registers, and filing your GST returns are some of the post-registration compliances that you should not miss.

Annual Compliance

Annual filings, Audits, and entity-specific regulatory compliance, such as ROC filings and Tax audits

Accounting & Book keeping

Accounting, tax planning, GST compliance, income tax filing, and financial record-keeping aligned with current accounting standards

Other registration

MSME, IEC, ISO, FSSAI [Food License], Apeda RCMC, Liquor license, Firearm license

Corporate Secretarial

Meetings, Governance compliance, Regulatory filings, Expert board advisors

How to Secure Your Company Name?

Selecting the right company name makes a major difference in business strategy. As per law, the company name should reflect the principle activity of the business. At any cost, the company name should not contain words prohibited under the names and emblems act. The company name should be unique and not similar or identical to the names of the existing registered companies. The company name should be registered using the Spice + application on the MCA portal. A maximum of at least two names can be applied to the spice + form. The ROC will approve the company name after verifying the application.Note that the proved name will be reserved for 20 days from the approval date. Within those 20 days, the applicant should file Spice + Form b. If the Spice Plus form part B is not filed within the provided time frame, the application will be rejected, and the process has to be initiated from the beginning.

How Vakilsearch Helps in Simplifying Company Registration Process?

Vakilsearch stands out for simplifying the company registration process by offering expert guidance, a user-friendly online platform, and personalized solutions. Businesses benefit from our expert assistance in document preparation, transparent pricing, and timely updates on registration progress. Vakilsearch's commitment to legal compliance ensures that businesses navigate complexities seamlessly, receiving post-registration support for ongoing compliance requirements. With a focus on accessibility and technology, we empower businesses to complete the registration process efficiently, allowing them to concentrate on their core operations with confidence in their legal standing.

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Authors

Written by Nithya, Reviewed by Mithra Menon. Last updated on Nov 08 2024, 11:00 AM

Mithra Menon excels in Corporate Law Matters and Debt and Money Recovery. She offers assistance in company incorporation both domestically and internationally, along with partnership firm registration. Additionally, she provides advisory services on compliance and LLP registration in India.

Nithya Ramani Iyer, a criminologist and writer, serves as the SME and manages communications at Vakilsearch. Drawing from her experience at Seasearch Intelligence and Legal domains, she enriches our content with insightful perspectives.

Incorporation of Company

Company Law in India

What is Company Incorporation in India?

Private Limited Company Registration

Limited Liability Partnership (LLP) Registration

One Person Company (OPC) Registration

Sole Proprietorship Registration

Nidhi Company Registration

Producer Company Registration

Partnership Firm Registration

Startup India Registration

Register Your Company in India

Benefits of Incorporating a Company in India

Eligibility Criteria for Company Registration in India

Checklist for Company Registration in India (2025)

Pre-Incorporation Requirements

Digital & Legal Setup

Company Incorporation Process

Post-Incorporation Essentials

Required Documents for Company Registration in India

Documents for Directors and Shareholders

Documents for Registered Office Address

Company Formation Documents

Company Registration Process in India - Step-by-Step Guide (2025)

Step 1: Choose the Right Business Structure

Step 2: Obtain Director Identification Number (DIN)

Step 3: Get a Digital Signature Certificate (DSC)

Step 4: Choose and Reserve a Unique Company Name

Step 5: Draft Incorporation Documents (MoA & AoA)

Step 6: Gather Legal Consents & Declarations

Step 7: File the SPICe+ Form on the MCA Portal

Step 8: Pay Statutory Fees

Step 9: Receive the Company Registration Certificate

What Is a Company Registration Certificate?

What Does the Company Registration Certificate Contain?

How to Obtain the Company Registration Certificate

Why Is the Company Registration Certificate Important?

Types of Company Registration

Choosing the Right Business Structure

Cost of Company Registration

Post-Registration Compliance

Annual Compliance

Accounting & Book keeping

Other registration

Corporate Secretarial

How to Secure Your Company Name?

Company Registration FAQs

What are the compliance requirements after a company is registered?

Can a foreign national or NRI be a director in an Indian company?

How can I conduct a company name search online?

What is the difference between authorized capital and paid-up capital?

How much does it cost to register a company in India?

How do I open a current bank account for my company?

Does a private limited company have perpetual existence?

What are articles of association and memorandum of association?

What are the penalties for non-compliance with annual filings?

What happens if my proposed company name is already taken?