A private limited company remains the usual structure for businesses that plan to grow, raise investment or limit their founders' personal liability. Incorporation is handled online through the Ministry of Corporate Affairs (MCA) portal using the integrated SPICe+ form.
Basic requirements
- At least two directors and two shareholders (the same persons can be both)
- At least one director resident in India
- A registered office address in India
- A name that is not identical or too similar to an existing company or trademark
Step 1: Digital signatures
The proposed directors and subscribers need digital signature certificates (DSC) to sign the electronic forms.
Step 2: Name reservation
A name can be reserved through Part A of SPICe+, or applied for together with incorporation in Part B. Choose names that describe the business, and check them against existing companies and registered trademarks first.
Step 3: Constitution documents
The memorandum of association (MoA) sets out the company's objects and capital; the articles of association (AoA) govern its internal management. Standard formats exist, but articles tailored to the founders' arrangement — share transfers, board decisions, deadlock — are worth the effort.
Step 4: Filing SPICe+
SPICe+ Part B, with the e-MoA, e-AoA and AGILE-PRO-S forms, is filed with the supporting documents. On approval, the Registrar issues the certificate of incorporation with the company's CIN, and the PAN and TAN are allotted.
Step 5: First compliances
- Open a bank account and receive the subscription money
- Appoint the first auditor within thirty days
- File the declaration for commencement of business within 180 days
- Maintain statutory registers, minutes and share certificates
Unsure whether a company is right for you? Read Company, LLP or Partnership Firm or see our company incorporation service.
This article is for general information only and is not legal advice.
Written by
Adv. Manoj Kaushik
Advocate, High Court of Punjab & Haryana · Ph.D. (Law) scholar · Founder & Managing Partner, Kaushik Legal Nexus