Company Incorporation

Company Incorporation

Introduction

Meaning: What is Company Incorporation?

Incorporation is the legal creation of a company as a separate juristic person under the Companies Act, 2013. After ROC approval, the company receives a Certificate of Incorporation and a Corporate Identification Number (CIN). India uses the integrated SPICe+ web form—Part A for name reservation, Part B for incorporation—linked with AGILE-PRO-S for PAN/TAN and optional GST/EPFO/ESIC/Profession Tax and current-account opening.

Structures we support: Private Limited, OPC, Section-8 (Non-profit), Nidhi Company, and Producer Company.

Documents Required

For Directors / Subscribers

  • PAN (for Indian nationals); Passport (for foreign nationals)
  • Identity proof: Aadhaar / Passport / Voter ID / Driving Licence
  • Address proof: latest bank or utility bill (≤ 2–3 months)
  • Passport-size photograph (clear and recent)
  • Digital Signature Certificate (DSC)
  • DIN (up to three DINs can be allotted via SPICe+ Part B)

For the Company

  • 2–3 proposed names and concise main objects
  • Registered office proof + owner NOC; recent utility bill
  • Authorised capital and shareholding pattern
  • MOA/AOA selections (entrenchment if any)
  • Additional declarations for Section-8 / Nidhi / Producer

Steps to Incorporate a Company (SPICe+ Flow)

Choose structure & verify name

Select Private/OPC/Section-8/Nidhi/Producer. Run basic trademark and rule checks; apply name in SPICe+ Part A.

Arrange DSCs & KYC

Issue DSCs to subscribers/directors and collect self-attested KYC documents.

Draft objects, MOA & AOA

Finalise main objects, capital and rights; choose appropriate AOA articles (entrenchment where needed).

Complete SPICe+ Part B

Enter subscribers, directors, registered office and attachments; add e-MOA (INC-33) & e-AOA (INC-34).

File AGILE-PRO-S

Apply for PAN/TAN and, if opted, GSTIN/EPFO/ESIC/Profession Tax, plus current-account opening.

Pay government fees & stamp duty

Varies by authorised capital, state and form set. Use the official calculator.

ROC processing & COI

On approval, receive Certificate of Incorporation; PAN/TAN are auto-allotted.

Post-incorporation actions

Open bank, hold first board meeting, issue share certificates, maintain registers and file INC-20A (if applicable).

Time Required

StageTypical TATNotes
Name approval1–3 working daysFaster when the name is distinctive and compliant
DSC procurementSame day–2 daysSubject to vendor KYC
Form filing & fees1 dayPost documentation readiness
ROC review1–4 working daysDepends on workload/resubmission
Total~3–10 working daysAssumes no resubmission

Fees (Government & Stamp Duty)

Fees depend on authorised capital, state stamp duty and the form set (SPICe+, e-MOA, e-AOA, AGILE-PRO-S, etc.). For the exact amount, use the official MCA tool:

Open MCA “Enquire Fees”

Tip: Keep your state and authorised capital ready before starting the calculation.

FAQ: Company Incorporation in India

Is SPICe+ mandatory for incorporation?

Yes. SPICe+ is the integrated web form for name reservation (Part A) and incorporation (Part B) and connects to e-MOA/e-AOA and AGILE-PRO-S.

What does AGILE-PRO-S include?

PAN, TAN and (if opted/required) GSTIN, EPFO, ESIC, Profession Tax (state-wise) and current-account opening with participating banks.

How many DINs can be allotted through SPICe+?

Up to three DINs can be allotted at the time of incorporation via Part B.

Is a physical registered office required?

Yes. Provide address proof (rent/ownership), a recent utility bill and, if rented, an owner’s NOC. Many ROCs accept virtual office documentation if complete.

Is GST registration compulsory at incorporation?

No. Apply only if your activity/marketplace requires it or you expect to cross thresholds soon.

What if the proposed name is rejected?

We screen as per Incorporation Rules and trademarks, answer ROC objections with rationale and refile if needed.

What are immediate post-incorporation compliances?

Open bank, hold the first board meeting, issue share certificates, maintain statutory registers, appoint auditor (if applicable) and file INC-20A (for companies with share capital).

Can foreign nationals be directors/subscribers?

Yes, with apostilled/notarised ID/address proofs where applicable and at least one resident director in India.

Ready to incorporate?

Share your details through the quick form. We’ll validate the name and documents and file SPICe+ correctly—first time right.

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