Overview
Incorporating a company gives your business a separate legal identity, limited liability for its owners, easier access to funding and bank credit, and credibility with customers and vendors. Registration is done entirely online with the Ministry of Corporate Affairs (MCA) under the Companies Act, 2013 (or the LLP Act, 2008 for LLPs).
The right structure depends on how many founders you have, whether you plan to raise equity, and how much compliance you want to carry. A Private Limited Company suits funded start-ups and growth businesses; an LLP suits professional firms and services with lower compliance; a One Person Company (OPC) suits a solo Indian founder.
PADM India handles name reservation, digital signatures, drafting of the charter documents, SPICe+ / FiLLiP filing, PAN-TAN-GST-EPFO-ESIC-bank account allotment, and the first-year compliance calendar so nothing is missed after the certificate arrives.
Who needs this service
- Founders starting a new business who want limited liability and a fundable structure
- Professionals and service firms who want an LLP instead of a partnership
- Solo entrepreneurs who want the protection of a company without a second shareholder (OPC)
- Existing proprietorships or partnerships converting to a company or LLP
- NRIs and foreign nationals investing in an Indian company (Pvt Ltd; OPC not allowed)
- Non-profits registering a Section 8 company
Eligibility & legal requirements
Minimum requirements under the Companies Act, 2013 / LLP Act, 2008:
Eligibility rules for Company Registration
| Category | Rule |
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| Private Limited Company | Minimum 2 directors and 2 shareholders (maximum 200 members). At least one director must be resident in India (stayed 182+ days in the previous financial year). No minimum paid-up capital. |
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| Limited Liability Partnership (LLP) | Minimum 2 designated partners, at least one resident in India. No minimum contribution. Statutory audit only if turnover exceeds ₹40 lakh or contribution exceeds ₹25 lakh. |
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| One Person Company (OPC) | One member who is an Indian citizen (resident or NRI) and one nominee. Only one OPC per person. No minimum capital; must convert to a private company on crossing the prescribed size. |
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| Every director / designated partner | PAN, Aadhaar (Indian nationals), a Class 3 Digital Signature Certificate (DSC) and a Director Identification Number (DIN — allotted free for up to 3 directors inside SPICe+). |
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| Registered office | An address in India from the date of incorporation, with proof (utility bill not older than 2 months) and owner NOC if rented. |
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| Startup India (DPIIT) recognition — optional | Company, LLP, registered partnership or cooperative; within 10 years of incorporation (20 years for Deep Tech); turnover not above ₹200 crore in any year (₹300 crore Deep Tech); working on innovation or a scalable model; not formed by splitting an existing business (DPIIT notification, February 2026). |
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| Udyam / MSME registration — optional | Micro: investment up to ₹2.5 crore and turnover up to ₹10 crore. Small: ₹25 crore / ₹100 crore. Medium: ₹125 crore / ₹500 crore (limits effective 1 April 2025). Free, Aadhaar-based, on udyamregistration.gov.in. |
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How to apply — step by step
The official procedure, and how PADM India runs it for you.
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01
Choose the structure and name
We help you pick Pvt Ltd / LLP / OPC and check name availability against the MCA database and the trademark registry, then reserve it through SPICe+ Part A (up to two names; approval valid 20 days).
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02
Digital signatures
Class 3 DSCs are issued for every director / designated partner after a short video verification (1–2 working days).
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03
Draft the charter documents
We prepare the e-MoA (INC-33) and e-AoA (INC-34) with the correct object clauses — or the LLP agreement — and share them for your review.
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04
File the integrated incorporation form
SPICe+ Part B (INC-32) with AGILE-PRO-S (INC-35) is filed on the MCA V3 portal. One filing applies for the company, DIN, PAN, TAN, EPFO, ESIC, professional tax (where applicable), a bank account and optionally GSTIN. LLPs use FiLLiP.
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05
Certificate of Incorporation
The Registrar of Companies issues the Certificate with CIN, PAN and TAN — typically 7–15 working days end-to-end, subject to ROC queries.
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06
Post-incorporation set-up
Within 30 days: first board meeting, auditor appointment (ADT-1). Within 180 days: deposit subscription capital and file INC-20A (commencement of business) before the company starts trading. We also register you under Startup India and Udyam where eligible.
Documents required
- PAN and Aadhaar of every director / partner and shareholder; passport for foreign nationals (apostilled)
- Passport-size photograph, e-mail and mobile number of each director
- Proof of identity and current address (voter ID / passport / driving licence + bank statement or utility bill not older than 2 months)
- Registered-office proof: latest electricity / gas / telephone bill and rent agreement or ownership deed
- No-objection certificate from the property owner
- Proposed names, business activity description and shareholding pattern
- For conversions: existing PAN, registration certificate, latest audited accounts and consent of partners / members
Key deadlines & penalties
Key statutory timelines after incorporation:
Key deadlines for Company Registration
| Compliance | Due |
|---|
| First auditor appointment (ADT-1) | Within 30 days of incorporation (board), or 90 days (members) |
| Commencement of business (INC-20A) | Within 180 days of incorporation — mandatory before starting business or borrowing |
| Deposit of share subscription money | Before filing INC-20A |
| LLP agreement (Form 3) | Within 30 days of LLP incorporation |
| Annual return — LLP Form 11 | 30 May every year |
| DIR-3 KYC for every DIN holder | 30 September every year |
| Financial statements — AOC-4 / LLP Form 8 | 30 October (30 days from AGM) / 30 October |
| Annual return — MGT-7 / MGT-7A | 29 November (60 days from AGM) |
See every due date in the Tax & Compliance Calendar
If you miss it:
- INC-20A not filed: ₹50,000 on the company plus ₹1,000 per day on each officer (max ₹1 lakh); ROC may strike the company off
- AOC-4 / MGT-7 late filing: ₹100 per day per form with no upper limit
- LLP Form 8 / 11 late filing: ₹100 per day per form
- DIR-3 KYC missed: DIN deactivated; ₹5,000 to reactivate
Frequently asked questions
MCA filing fee is nil for authorised capital up to ₹15 lakh; you pay stamp duty (state-specific, roughly ₹0–15,000), PAN/TAN fee (₹143), DSC (~₹800–2,000 per person) and our professional fee. We quote a fixed all-inclusive price before starting.
Choose Pvt Ltd if you will raise equity from investors, issue ESOPs or want foreign investment flexibility. Choose LLP for a professional or service business where partners fund the business themselves and want lighter annual compliance and no mandatory audit below ₹40 lakh turnover.
Yes. A residential address can be the registered office with the owner's NOC and a recent utility bill.
No. Startup India (DPIIT) recognition is a separate, free application. The section 80-IAC tax holiday (100% of profits for 3 of the first 10 years) needs a further Inter-Ministerial Board approval, is limited to companies and LLPs incorporated before 1 April 2030 with turnover up to ₹100 crore, and is granted selectively.
Only if you cross the GST thresholds or supply inter-state / online. AGILE-PRO-S lets us apply for GSTIN in the same filing when it is needed.
Sources & official references
Thresholds, forms and due dates on this page reflect the law as verified on 6 September 2026 and may change with Finance Acts, CBDT/CBIC notifications or MCA circulars. This page is general information, not legal or tax advice — please confirm your specific position with us before acting.
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