To register a company in India you need, for each director and shareholder, a PAN, Aadhaar, identity and address proof, a photograph, a digital signature certificate and contact details; and for the registered office, a recent utility bill, an ownership or lease document and a no-objection certificate from the owner. The application is filed with the Registrar of Companies under the Companies Act, 2013, administered by the Ministry of Corporate Affairs, in the integrated incorporation form that combines name reservation, the memorandum and articles, and the applications for tax and social-security registrations.
Getting the documents right is the single biggest factor in whether the application is approved first time or sent back for correction. This guide lists what is needed and in what order.
Three sets of people are involved in the paperwork: each proposed director, each shareholder (called a subscriber), and the owner of the premises that will serve as the registered office. Their documents are checked against the information keyed into the form, so a small mismatch in a name, a date of birth or an address is enough for the Registrar of Companies to raise a query and hold up the incorporation.
Documents required from the directors, shareholders and premises
For each director and each subscriber (shareholder):
- PAN card of every director and subscriber.
- Aadhaar, and where available a passport, driving licence or voter identity card, as identity proof.
- Address proof that is current — a bank statement, electricity bill or telephone bill, generally not older than a couple of months.
- A recent passport-size photograph.
- Mobile number and email address for each director, for verification and one-time passwords.
- Digital Signature Certificate (DSC) for each director and subscriber, since the forms are signed electronically.
- Consent to act as director, and a declaration of eligibility for each director.
Documents for the registered office and the incorporation filing
For the registered office:
- The latest utility bill for the premises — electricity, gas, telephone or water — as proof of address.
- If the premises are rented or leased, the rent or lease agreement together with the utility bill.
- If the premises are owned by a director or subscriber, the sale deed or ownership document and the utility bill.
- A no-objection certificate from the owner permitting the premises to be used as the registered office.
- Where the utility bill is not in the name of the company or a subscriber, the additional documents the form requires, such as a rent receipt together with the owner's no-objection certificate.
And the documents that are themselves filed electronically as part of the incorporation:
- The memorandum of association and the articles of association, filed electronically.
- The declaration by the first directors and the subscriber details.
- The declaration by the professional certifying the filing.
- Where a new name is proposed, the name-reservation application, and any supporting consent if the name uses a registered trade mark or a word that needs approval.
Steps in order
- Choose the type of company. A private limited company is the usual choice; a one person company suits a single promoter, and a public or section 8 company has its own requirements.
- Obtain the digital signature certificates. Each director and subscriber needs a DSC before the forms can be signed.
- Reserve the name. File the name-reservation part of the incorporation form and wait for approval.
- Prepare the constitution documents. Draft the memorandum and articles to match the business that will actually be carried on.
- File the integrated incorporation form. Submit the incorporation part with the office documents, the declarations and the fee, along with the linked applications for tax registration, the bank account and social-security registrations.
- Receive the certificate. On approval, the Registrar of Companies issues the certificate of incorporation with the company's identification number.
- Complete post-incorporation steps. Apply for the permanent account number and tax deduction number, file the declaration of commencement of business where share capital has been subscribed, appoint the first auditor, and open the bank account.
Time limits and delay
The name reserved in the first step is held for a limited period, and if the incorporation part is not filed in time the name lapses and a fresh application is needed. Some post-incorporation filings have their own deadlines, and missing them attracts late fees. The fee prescribed by the Ministry of Corporate Affairs, and any late fee, should be checked on its portal before filing.
Common mistakes
- Name, address or date-of-birth mismatches between the PAN, Aadhaar and the form.
- Address proof that is stale, or in someone else's name without the supporting documents.
- A missing no-objection certificate or lease agreement for the registered office.
- A digital signature certificate that does not match the signatory, so the form is rejected.
- An object clause that is too narrow for the intended business, or too vague to be approved.
- A proposed name that is identical or too close to an existing company or trade mark.
Get the paperwork right the first time and incorporation is a straightforward filing. Our company formation service covers the name reservation and the incorporation filing and post-incorporation registrations, and we can help set the objects clause and the share structure sensibly. Our published consultation and appearance fees are set out on our pricing page; reach us through our contact page.
Questions people ask
Can one person register a company in India?
A private limited company needs at least two shareholders and two directors, so a single promoter usually forms a one person company instead.
Can a foreign national be a director?
Yes, subject to obtaining a digital signature certificate and the company having a resident director.
Can the registered office be a residential address?
Yes, if the owner gives a no-objection certificate and the required address documents are supplied.
What is a digital signature certificate, and is it mandatory?
A DSC is an electronic signature issued by a licensed certifying authority; it is mandatory because every director and subscriber signs the incorporation forms digitally.