Starting a company in India involves following the rules set by the Companies Act, 2013. This law explains how companies should be formed, run, and closed.
To register a company, you must follow certain legal steps and provide the right documents. The Ministry of Corporate Affairs (MCA) handles this process and makes sure your business is legally recognized.
In this article, we’ll clearly explain the important documents you need to submit when starting a company in India.
I. Director Identification Number (DIN) and Digital Signature Certificate (DSC)
The first step in starting a company is getting a DIN (Director Identification Number) and a DSC (Digital Signature Certificate) for each director.
- The DIN is a special ID number that every person needs before becoming a director in a company. To apply for DIN (using Form DIR-3), you’ll need:
- Aadhar Card, PAN Card, or Passport (for foreign nationals) – for ID proof
- Recent utility bill or bank statement – for address proof
- Passport-sized photo
- The DSC is used to digitally sign documents when filing them online on the MCA (Ministry of Corporate Affairs) portal. You can get a DSC from a licensed certifying authority approved by the Indian government.
II. Name Reservation Using RUN (Reserve Unique Name) Form
Before you register your company, you must choose and reserve a name using the MCA’s RUN (Reserve Unique Name) service.
- You need to suggest two name options and explain your company’s planned activities.
- The name must follow rules and not be the same or too similar to any existing company name.
- Once approved, the name is reserved for 20 days. If you don’t finish the registration within that time, you’ll need to apply again.
- This approved name should be used in all documents going forward.
III. Memorandum of Association (MoA) and Articles of Association (AoA)
The MoA and AoA are two key documents needed to start a company in India. They explain what your company will do and how it will be managed.
Memorandum of Association (MoA):
The MoA defines your company’s main goals and how it will operate. It includes important details like:
- Company name
- Office address
- Business activities
- Capital structure
- Rules for liability and who’s subscribing to the company
It acts like your company’s constitution, showing what your business is allowed to do. Every person who is starting the company must sign the MoA in front of a witness.
Articles of Association (AoA):
The AoA explains how the company will run on the inside. It includes rules about:
- The duties of directors
- How decisions are made
- Rights of shareholders
Both the MoA and AoA must follow the Companies Act, 2013, and need to be signed by the people forming the company. You must upload these documents through the SPICe+ form on the MCA website.
These documents are very important because they form the legal and operational base of your company.
IV. Declarations by Directors and Promoters (INC-9 and DIR-2)
When starting a company in India, the people involved—like directors and promoters—must submit certain declarations to prove they are eligible and following the law. These declarations are made using Forms INC-9 and DIR-2.
Form INC-9:
This form is a declaration by the company’s first directors and the people who are signing the MoA. It states that:
- They are not involved in any fraud or illegal activities
- They are following all the rules under the Companies Act, 2013
This form must be filled and signed digitally using a Digital Signature Certificate (DSC).
Form DIR-2:
This is a consent form where each person agrees to become a director of the company. It includes:
- Their full name and personal details
- A copy of their ID and address proof
Both forms are mandatory. They show that the proposed directors and promoters are legally allowed to be part of the company and are ready to take on their responsibilities.
V. Registered Office Address Proof
When registering a company in India, it’s important to give proper proof of the company’s official address, known as the registered office.
As per Section 12 of the Companies Act, 2013, every company must have a registered office within 30 days of incorporation. This is where all legal documents and government notices will be sent.
To prove the address, you need to submit one or more of the following documents:
- Ownership Proof: If you own the office space, provide the property papers or sale deed.
- Rental Property: If the office is on rent, you must provide a No Objection Certificate (NOC) from the owner and a valid rent agreement.
- Utility Bill: Also include a recent utility bill (electricity, water, or property tax) not older than 2 months, to prove the place is in use.
This registered address becomes your company’s official location for all future communication with the Registrar of Companies (RoC) and other authorities.
VI. PAN and TAN Applications
When starting a company in India, it’s important to apply for PAN and TAN—two key tax identification numbers required by law.
PAN (Permanent Account Number):
PAN is issued by the Income Tax Department and is needed for all tax-related activities of the company. When you apply to register your company using the SPICe+ form on the MCA portal, your PAN is automatically applied for and issued. A physical PAN card is also sent to you later. PAN is used in all financial and tax matters. Not having it or misusing it can lead to penalties.
TAN (Tax Deduction and Collection Account Number):
TAN is needed if your company will deduct tax at source (TDS)—for example, on employee salaries, payments to contractors, or professional fees. Like PAN, you apply for TAN through the same SPICe+ form during incorporation. Any company involved in TDS must have a valid TAN.
Both PAN and TAN are essential for your company to operate legally and smoothly under Indian tax laws.
VII. SPICe+ Form: A Simple Way to Register Your Company
The SPICe+ form (Simplified Proforma for Incorporating a Company Electronically Plus) is an online form created by the Ministry of Corporate Affairs (MCA) to make company registration in India easier. Instead of filling out multiple forms, this single form lets you apply for many services in one go.
With SPICe+, you can:
- Register your company
- Get Director Identification Numbers (DIN)
- Apply for PAN and TAN
- Register for GST (optional)
- Register for ESIC and EPFO
- Open a company bank account
The form has two parts:
- Part A is used to reserve your company name
- Part B is used for everything else—submitting documents, applying for IDs, and completing registration
You’ll need to upload documents like the MoA, AoA, address proof, and ID proof of directors. Once everything is submitted and approved, the Registrar of Companies (RoC) will issue a Certificate of Incorporation (CoI)—this is the official document that confirms your company is legally formed.
In short, SPICe+ makes company registration faster, simpler, and fully online.
VIII. Certificate of Incorporation (CoI): Your Company’s Birth Certificate
Once all the required documents are submitted and approved, the Registrar of Companies (RoC) issues the Certificate of Incorporation (CoI). This is the final and most important step in starting a company in India.
The CoI proves that your company is officially registered under the Companies Act, 2013 and can now start doing business.
The Certificate of Incorporation includes:
- The company’s Corporate Identity Number (CIN)
- Date of incorporation
- Company name
- Registered office address
- Digital signature of the Registrar of Companies
The CoI gives your company a legal identity, allowing it to operate, sign contracts, open bank accounts, and carry out business legally.
It’s important to keep the CoI safe, as it is a permanent legal document. If any wrong information was submitted during the process, the RoC can cancel the certificate and take legal action. With this certificate in hand, your company becomes a separate legal entity—ready to begin its business journey. Need help registering your company? We can guide you through every step!
Conclusion
In short, starting a company in India follows a proper legal process under the Companies Act, 2013. Each document needed during registration is important to prove the company’s identity, ownership, and purpose.
Missing or giving wrong information can lead to legal problems. That’s why it’s important to follow every step carefully and submit the correct documents.
By doing everything the right way, you can set up a strong and legally compliant business in India with confidence.
FAQs
1. What are the basic documents required to register a private limited company in India?
To register a private limited company, you’ll typically need identity proof, address proof, PAN cards of directors, proof of registered office, and digital signatures (DSC).
2. Do I need a commercial address to register a company in India?
No, a residential address can be used as a registered office, but proper address proof and a No Objection Certificate (NOC) from the owner are required.
3. How many directors are needed to register a company in India?
At least two directors are required for a private limited company. One must be a resident of India.
4. Is PAN card mandatory for foreign nationals registering a company in India?
No, foreign nationals don’t need a PAN card to incorporate a company. However, they must submit a valid passport and address proof notarized and apostilled.
5. How long does it take to register a company once documents are submitted?
Once all documents are in order, company registration typically takes 7 to 10 working days, depending on approvals and compliance.
