TRUSTLINK

Discussion Desk - TRUSTLINK

Key Requirements and Documents for Company Registration in India

Thinking about starting a company in India? That’s fantastic! But before you start designing logos or choosing office furniture, you need to handle the most important step: registering your business.

Think of registration like getting a birth certificate for your company — without it, your business doesn’t officially exist.

At Trustlink, we’re here to guide you through everything you need to know — from documents and procedures to common mistakes.

Types of Business Entities in India

1. Private Limited Company
Most startups and small businesses prefer this. It gives you limited liability protection and makes it easier to raise money from investors.

2. Public Limited Company
Better suited for big businesses that want to raise funds from the public by issuing shares. However, it comes with more rules and compliance.

3. One Person Company (OPC)
Ideal for solo founders who still want the benefits of a registered company. You get limited liability and full control.

4. Limited Liability Partnership (LLP)
Perfect for professionals such as consultants or legal firms. It combines the flexibility of a partnership with the safety of limited liability.

Pre-Registration Essentials

1. Decide on the Business Type
First, pick the company structure that suits your plans. Your choice affects taxation, funding options, and compliance.

2. Choose a Unique Name
Your company name must be original and not clash with existing trademarks. You can search for available names on the MCA (Ministry of Corporate Affairs) website.

3. Select Directors and Shareholders

  • Private Limited Company: Minimum 2 directors and 2 shareholders.

  • OPC: Only 1 director/shareholder needed.

  • All directors must have a valid DIN (Director Identification Number).

4. Define Your Registered Office
You must have a physical address in India where official notices can be sent.

Important Documents Needed

1. Identity and Address Proof
Each director and shareholder must provide valid ID and address proof.

2. PAN Card
Mandatory for all Indian citizens.

3. Address Proof
Aadhar Card, Passport, or Voter ID. Foreign nationals must submit a notarized and apostilled passport.

4. Proof of Registered Office
Recent utility bills (like electricity bills) and a rent agreement or property papers. Bills shouldn’t be older than 2 months.

5. Digital Signature Certificate (DSC)
Used for signing documents online. All proposed directors must get a DSC from an authorized agency.

6. Director Identification Number (DIN)
A unique number for every director. You can apply through the SPICe+ form or separately using Form DIR-3.

Other Required Documents

  • Memorandum of Association (MoA): Describes what your company will do.

  • Articles of Association (AoA): Sets out rules for running the company internally.

  • Declaration by Professionals (INC-8): A certificate from a CA, CS, or lawyer stating all requirements are met.

  • Consent to Act as Director (DIR-2): Signed confirmation from each director agreeing to take the role.

  • Affidavit and Declaration (INC-9): Every subscriber must declare they haven’t been convicted of any company-related offences.

Step-by-Step Registration Process

Step 1: Get a Digital Signature Certificate (DSC)
Apply through a licensed provider. You’ll need ID proof, address proof, and a photo.

Step 2: Apply for DIN
You can get a DIN within the SPICe+ form or by filing DIR-3 separately.

Step 3: Reserve Your Company Name
Submit a name reservation through the RUN service or within SPICe+. Ensure it follows naming rules.

Step 4: File the SPICe+ Form (INC-32)
This form handles incorporation, DIN, PAN, and TAN applications all in one go. Attach the MoA, AoA, and other documents.

Step 5: Receive Incorporation Certificate, PAN & TAN
Once approved, you’ll get your Certificate of Incorporation (COI), PAN, and TAN. Use these to open your company bank account.

Timeline and Cost

How long does it take?
Usually, it takes 7–10 working days if everything is correct.

Approximate Costs:

  • Private Limited Company: ₹6,000–₹15,000

  • LLP: ₹4,000–₹12,000

  • OPC: ₹5,000–₹10,000
    (Fees may vary depending on professional services and stamp duty.)

Common Mistakes to Avoid

  • Picking a name similar to an existing business

  • Uploading unclear or incomplete documents

  • Not checking DIN and DSC details properly

  • Selecting the wrong company structure

  • Missing deadlines after registration

After Registration — What Next?

1. Open a Bank Account
Use your COI and PAN to open a business account.

2. Register for GST
Mandatory if your turnover is over ₹40 lakhs (or ₹20 lakhs for services).

3. Maintain Statutory Records
You must keep registers of directors, shareholders, and other records.

4. File Annual Returns with ROC
Every year, you must file your financial statements and annual return with the Registrar of Companies. Late filing can mean big penalties.

Conclusion

Setting up your company in India is an exciting step — but it’s also a serious responsibility. If you get your paperwork and compliance right from the start, you’ll save time, avoid fines, and run your business smoothly.

Remember, company registration isn’t just another formality — it’s the legal birth of your business. Trustlink is here to help you get it done right.

FAQs

Q: Is there any minimum capital needed to start a private limited company?
A: No. You can even start with ₹1 as initial capital.

Q: Can a foreign national be a director?
A: Yes, but you must have at least one director who lives in India.

Q: How long does it take to register a company?
A: Normally 7–10 working days, depending on document readiness.

Q: Do I need a CA or CS to register?
A: Yes, a practicing professional must certify your SPICe+ forms.

Q: What happens if I miss ROC filings?
A: You may face heavy penalties, directors can be disqualified, and the company could be struck off.

by Corporate Advisory, TRUSTLINK

Leave a comment

Your email address will not be published. Required fields are marked *