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Company Incorporation
Overview
Starting a company is the first step toward building a recognized, structured, and legally compliant business in India. With the introduction of digital processes by the Ministry of Corporate Affairs (MCA), company incorporation has become faster, more transparent, and streamlined. However, compliance with regulatory requirements, proper documentation, and choosing the right business structure remain critical.
Our professional Company Incorporation services ensure end-to-end assistance — from selecting the right entity type to filing incorporation forms, obtaining approvals, and post-registration compliance support.
Types of Business Entities in India
Choosing the right business structure is key to your long-term legal and tax strategy. Based on your needs, you may incorporate:
1. Private Limited Company (Pvt Ltd)
Most preferred for startups and SMEs.
Limited liability for shareholders.
Separate legal entity with perpetual succession.
Minimum 2 directors and 2 shareholders required.
2. One Person Company (OPC)
Ideal for solo entrepreneurs.
Limited liability with full control retained by one person.
Must convert to a Private Limited Company if turnover exceeds ₹2 crore.
3. Public Limited Company
Suitable for large-scale operations and capital raising.
Minimum 3 directors and 7 shareholders.
Mandatory compliance and audit requirements.
Process of Company Incorporation in India (as per MCA Guidelines)
The incorporation process is regulated under the Companies Act, 2013 and is executed entirely online via the MCA portal.
Step 1: Digital Signature Certificate (DSC)
Every proposed director must obtain a Class 3 DSC to digitally sign incorporation documents.
Step 2: Director Identification Number (DIN)
DIN is allotted through the SPICe+ form for new directors.
Step 3: Name Reservation (RUN/Part-A of SPICe+)
Choose and reserve the company name via the MCA portal.
Must be unique, legally valid, and not identical to existing entities.
Step 4: SPICe+ Form Filing
Integrated form for company incorporation covering:
PAN & TAN allotment
GST, EPFO, ESIC registration
Opening of bank account
Profession Tax registration (in applicable states)
Step 5: Submission of MOA & AOA
Draft and submit Memorandum and Articles of Association electronically (via SPICe+ MOA & AOA).
Step 6: Certificate of Incorporation (COI)
Issued by the Registrar of Companies (ROC) along with PAN and TAN.
Step 7: Bank Account Opening
As part of SPICe+, a company bank account is opened with selected partner banks.
Recent Amendments & Highlights
SPICe+ v2 (Revamped): Integrated registration for 10+ services in a single form.
Mandatory Business Bank Account Opening: Auto-integrated with incorporation.
AGILE Pro Form: Includes registrations for GST, EPF, ESI, and Professional Tax.
Name Reservation Limitations: Name reservation valid for 20 days (extendable for companies already in the pipeline).
Zero MCA Fees for Small Companies: For companies with authorized capital up to ₹15 lakh.
Frequently Asked Questions
A Private Limited Company restricts the transfer of shares and limits the number of shareholders to 200. It cannot raise funds from the public. A Public Limited Company, on the other hand, can offer shares to the general public and must have at least seven shareholders with no upper limit. Public companies must comply with stricter regulations under the Companies Act, 2013.
A Limited Liability Partnership (LLP) is a hybrid business structure combining features of a partnership and a company. It provides limited liability to its partners, meaning their personal assets are not at risk for business debts. Unlike a company, an LLP does not require compliance with extensive regulations.
The key difference is liability protection. In a partnership firm, partners are personally liable for business debts, whereas in an LLP, liability is limited to the extent of the partners’ contributions. Additionally, LLPs are governed by the LLP Act, 2008, while partnerships are regulated under the Indian Partnership Act, 1932.
A company has shareholders and directors, while an LLP has partners managing operations.
A society is a non-profit organization registered under the Societies Registration Act, 1860, for charitable, cultural, religious, or educational purposes.
A trust is a legal arrangement where assets are held by a trustee for the benefit of beneficiaries. It is governed by the Indian Trusts Act, 1882.
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