Company Registration
Start Your Business in India
If you are thinking of starting a Company in India, the first step is to talk to our Incorporation Expert. We explain key concepts such as Digital Signature (DSC), DIN, MOA, and AOA and the process for Company Registration in India.
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Why Register as a Private Limited (Pvt Ltd) Company
Pvt Ltd is the most popular business type for startups offering limited liability and restricted share transfer. At Setindiabiz, we are your trusted partner, providing a cost-effective approach that takes care of all legal procedures and ensures compliance. No need to navigate complex paperwork or worry about legal intricacies – we’ll guide you through the entire process of Pvt Company registration. Choose Setindiabiz and focus on what matters the most: building your dream business in India. Get started today.
Benefits of Private Limited
- Startups Seeking Investors
- With Multiple Co-Founders
- Lowest Tax Rates
- Ability to offer ESOP
- Easy Ownership Transfer
Breakdown of Government fee
Eligibility / Checklist for Company Incorporation
Incorporating a Private Limited company is the wisest decision a start-up can take as it offers flexibility, scale and transparency. The features such as limited liability to its promoters, perpetual succession, and restricted share transfer make the pvt ltd the most suitable business type. The first step is to check the eligibility (Minimum requirements to incorporate a pvt ltd company)
Minimum Two Shareholder
To start a company, a minimum of two shareholders is mandatory. These shareholders must sign the MOA as subscribers and contribute the initial capital. The maximum number of shareholders is capped at two hundred.
Minimum Two Director
The directors are responsible for the company's day-to-day management and compliance with the applicable legislation. A minimum of two individual directors is mandatory, whereas the maximum is capped at fifteen.
One India Resident Director
One of the company's directors must have resided in India for at least 120 days during the previous financial years. The Indian resident director is generally responsible for the company's overall tax and other filing compliance.
Unique Name of Company
The name of the company must be unique and distinct from other companies, LLPs or trademarks and should conform with the name availability guidelines. We will help you with the name search and its approval.
Capital for the New Company
Though no prescribed minimum or maximum capital is required, the promoters must budget the fund's requirements to start the business and decide the appropriate capital for the company accordingly.
Legal Object or Activity
The company's main object, which shall be defined in the MOA, should be legal and from one specific sector only. We will help you draft the company's main object and select the correct activity code as per NIC 2008.
Timeline for
Company Registration
The timeline for company incorporation depends on various factors, such as documentation, availability of the company name, and the number of promoters. The incorporation team at Setindiabiz, with over two decades of experience, is better positioned to help with quick and efficient company incorporation in India.
Documentation & Digital Signature
Within one to two days, the promoters may complete the required documents for incorporation. After that, we can initiate the making of digital signatures for all the shareholders and the directors.
Name Search & Main Objects Drafting
We conduct the name availability search within a few hours; however, as per our experience, the discussion with the promoters on the proposed name availability and the drafting of the MOA may take time.
Filing for Incorporation
The application for the incorporation of the company is filed in Spice Plus form, where the MOA, AOA, Identity and address proof of promoters, and proof of registered office are filed as attachments. This process can take one to two days.
Incorporation Certificate
After the Spice Plus form is submitted, the Registrar of Companies office checks the application and the attached documents. If everything is found in order, the Incorporation Certificate is issued.
List of Documents For Company Registration
As experienced consultants for company registration, we at Setindiabiz understand the importance of documentation in ensuring a smooth and successful registration process for a Private Limited Company. To make it easier for our clients, we have compiled a table below listing all the necessary documents required for the incorporation process. The list of documents below is for the Company Incorporation by all Resident Indians. If any of the shareholders or directors is a foreign national or NRI/PIO, please refer to the Incorporation of Company With FDI.
Documents of Director/ Shareholder
| Name of Documents | Description |
|---|---|
| 1 PAN Card | The Income Tax Department in India issues the PAN Card, which is a mandatory document to be submitted by the Indian promoters. However, in the case of foreign directors/shareholders, if they do not have a PAN, then a No PAN Declaration is filed. |
| 2 Aadhar Card | Aadhar Card is mandatory for all Resident Indians. Make sure that aadhar is linked to the PAN and mobile number for OTP-based verification during the incorporation process. |
| 3 Colour Photo | Submit a photo of each proposed director and shareholder with a full-face frontal view and a plain white or light-coloured background. |
| 4 Identity Proof | For the purpose of Identity proof, the promoters of Pvt Ltd Company may submit any one document from the following :
|
| 5 Address Proof | Every promoter of the company (Director as well as a shareholder) must submit any one document which is not older than two months as their Residential Address proof :
|
Documents For the Registered Address Proof
| S. No. | Name of Documents | Description |
|---|---|---|
| 1. | Proof of Registered Office | Proof of Registered Office address should not be older than two months. The utility bill must have the full name and full address. Any one document from below is acceptable :
|
| 2. | NOC from the Owner of the Registered Office | The owner of the premises where the private limited company shall have its registered office need to issue a No Objection Certificate (NOC) for incorporation of the company at that address. Contact us for the format. |
Incorporation on Communication Address
In India, entrepreneurs starting a new business can begin their company registration process with a “communication address” even before securing a permanent office. This temporary address helps you start the formalities while searching for the ideal premises. It’s essential to remember that within 30 days of incorporation, you need to establish a physical “registered office” in the same state and file Form INC-22 with the Registrar of Companies (ROC) to report the official address change.
Stepwise Process
of Company Registration
Get a Digital Signature, Choose a unique name, draft the MoA and AoA, and submit the SPICe+ form to ROC. We offer end-to-end Company Registration Services.
Digital Signature of all Promoters
Making a digital signature (DSC) for all the directors and shareholders is the first step towards Pvt Limited Company Registration. We are the Registration Authority (RA) of Certifying Authorities such as Emudhra, SignX, and others appointed by the Controller of Certifying Authorities of the Government of India. We help DSC applicants collect documents and submit DSC applications to obtain DSC.
Name Search for Availability
The Companies Act 2013 states that the name of a new company must not be the same or similar to an existing company, LLP, or trademark. The rules provide for an exhaustive list of the names that are not desirable and need to be approved. We help you conduct a detailed Name.
Availability Search.
Drafting of Memorandum & Articles of Association The Memorandum (MOA) and Articles of Association (AOA) are the fundamental legal documents for a company in India. While the MOA primarily defines the object for which the company is incorporated, the AOA provides the rules for the conduct of the business in the company. As these are legal documents, we assist you in drafting them.
Filing of Spice Plus for Incorporation
Finally, Submit the Spice Plus Form to ROC with directors/shareholders' DSC, along with the promoter's documents and proof of registered address for incorporation. The office of the ROC reviews the application and, upon its satisfaction, issues the Certificate of Incorporation for the new company that contains the CIN, PAN and TAN of the company. It is to be noted that the DIN number is allotted to up to three new directors during the incorporation process.
Frequently
Asked
Questions
Frequently Asked Questions
Following are the types of business (types of company registration in india) that you may choose from. Each type has unique features and compliance requirements, making it essential to choose one that aligns with your business objectives and structure. You may refer to our detailed analysis of business types in India.
In India, registering a company is a seamless process that can be done online without visiting government offices. This efficient process involves preparing the necessary documents, obtaining Digital Signature Certificates (DSC), drafting a Memorandum of Association (MoA) and Articles of Association (AoA), and filing the SPICe Plus form. Usually, the incorporation process takes around 3-7 working days, but the time may vary depending on several factors. For a detailed analysis of the process of setting up a company, you may refer to the instructions provided here.
The typical process to set up a company in India is as follows :
- Choose Business Structure
- Obtain DIN
- Acquire DSC
- Select Company Name
- Draft MOA and AOA
- Submit SPICe+ Form
- MCA Verification
- Issuance of COI
The cost of registering a Private Limited Company in India depends on various factors, such as the number of promoters, the authorised capital of the company, and the location of its registered office. The registration fees can also differ as these factors vary in each case. If you require specific details or a tailored estimation of the registration cost, it’s advisable to consult directly with our experts. Factors Affecting the Company Registration Cost
- Number of Directors or Shareholders
- Proposed Capital of the Company
- The state where the company will have its registered office
The basic documents of the promoters are required, which are listed below. Apart from the promoter document, proof of the registered office address is also submitted with NOC from the owner of the premises where the company’s registered office shall be situated.
- PAN Card
- Aadhar
- Identity and address proofs of all promoters
- DSC of all directors and shareholders
- Proof of registered office address
- No Objection Certificate from the owner of registered premises
No, GST Registration is not required for company registration at all. The incorporation process has created a new legal entity in India. GST is applied to the new company only after it comes into existence. Therefore, GST is not a prerequisite for the incorporation of companies in India.
Section 4 of the Companies Act states that a new company in India can only be registered with a unique name that is not the same or similar to an existing business, including a company, LLP, or trademark. Sometimes, the desired company name may not be available, or the application for name reservation may be rejected by the ROC. We advise our customers to consider alternative names, as ROC has discretion in approving or rejecting names based on regulations.
No, the physical presence of the promoters is not needed as the entire incorporation process is digital and no physical paper is submitted to the ROC.
Yes, under section 139 of the Companies Act 2013, every company has to get its books or financial statement audited by a practising chartered accountant before the AGM.
Yes, a person employed on salary in any other organisation can be a director in the Private Limited Company.
A Digital Signature Certificate (DSC) is a secure electronic identification that provides a digital signature for individuals or entities involved in online transactions. In the context of online company registration in India, the Ministry of Corporate Affairs (MCA) requires the use of DSC to file electronic forms on its portal.
Registering a company online in India typically takes 2 to 7 days. However, if the documents submitted are not in order, if the details provided in the application are incorrect, or if the ROC Office is experiencing an unusual workload, then the process might take longer than expected.
Requirements for Pvt Ltd Company Registration in India :
- 2 Shareholders & 2 Directors
- At Least One Indian Resident Director
- A valid and unique company name
- A Registered Office
- Identity and Address Proof of Promoters
- Digital Signature of Authorised Director
- Proof of Registered Address
- NOC from the registered premises owner
For the purpose of ensuring company name availability, the promoters are required to file an online application in Part A of the Spice Plus form at www.mca.gov.in. The application may be submitted with two names in order of preference along with the significance of the proposed name for the new company. The approval process is discretionary and guided by section 4 of the Companies Act and rule 8 of the Company Incorporation Rules.
Once a company is incorporated, the ROC issues a Certificate of Incorporation. Along with this, companies also receive their PAN and TAN for income tax and TDS compliance. To commence their business operations, they must meet a few post-incorporation compliances :
- Appointment of First Auditor
- Organise First Board Meeting
- Intimate Registered Office Address within 30 days
- Submit Declaration of Business Commencement (INC-20A)
- Issue Share Certificates within 60 Days
If you want to check the registration status of a company, you can do it easily online via the Ministry of Corporate Affairs website. Just follow these steps :
- Go to the “MCA Services” option on the official MCA website.
- From the dropdown, select “View Company / LLP Master Data”.
- Enter the CIN of the company you wish to check the status.
- Company registration status will be displayed on your screen.
The private limited company is subject to the provisions of the Companies Act, which require the preparation of registers such as the shareholder register, list of directors, share transfer register, and minutes of every board and shareholders meeting. A minimum of four board meetings is mandatory during the financial year. At the end of the financial year, the financial statements need to be audited, and the annual return is required to be filed.
The company is also required to report the changes in directors, address and the particulars of any special resolution that is adopted by the shareholders in MGT-14 on the basis of events that may occur.
For the purpose of filing the ITR of the company, the ITR -6 is filed as a comprehensive form as prescribed under the Income Tax Rules.