Harun Raaj & AssociatesHarun Raaj & Associates
Company Law & MCA Compliance

Company Registration & Incorporation

Company Incorporation

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SCOPEConfirmed in writing
TYPICAL TIMELINE10–15 days
DOCS REQUIRED5 documents

Regulatory Framework

Governed by Section 7, Companies Act 2013, read with the Companies (Incorporation) Rules 2014. Incorporation is carried out through the integrated e-form SPICe+ (Form INC-32) on the MCA V3 portal, which combines name reservation (Part A, or the standalone RUN service), incorporation (Part B), DIN allotment for up to three proposed directors, PAN and TAN generation, and — through the linked AGILE-PRO-S form — mandatory GSTIN application plus EPFO and ESIC registration and company bank account opening (Profession Tax registration where the state levies one). Minimum subscriber requirements under Section 3 are two persons for a private company, one for an OPC, and seven for a public company; the Memorandum and Articles of Association must be filed per Sections 4 and 5. The Certificate of Incorporation issued under Section 7(2) is conclusive evidence that all incorporation requirements have been complied with, fixing the company's Corporate Identification Number (CIN) and date of incorporation.

Overview

Company incorporation is the process of legally creating a company under the Companies Act 2013 — from the name reservation through the filing of the incorporation application in the SPICe+ form to the Certificate of Incorporation. The statute anchors each step: the company is formed for lawful objects under Section 3, registration follows the application of Section 7, the registered office requirement comes from Section 12, and the directors must be appointed with their Director Identification Numbers under Sections 152 and 153. The incorporation is filed on the MCA21 portal in SPICe+, and the Certificate of Incorporation carries the company's CIN, PAN and TAN.

The choice of structure — private limited, one person company, public, Section 8 — decides the company's legal life. A private limited company limits the shareholders' liability to their shareholding, which is why founders, investors and lenders treat it as the standard vehicle for real business. The incorporation documents — the Memorandum and Articles of Association under Section 7 — are the company's constitution, and the digital signatures and director appointments are the operational keys.

The cost of a careless incorporation shows up in the first audit and the first funding round. Mismatched names, wrong object clauses, a registered office that cannot be verified, directors without proper DINs — each is a defect that the MCA record carries forward and that banks, investors and regulators will find. A company is easier to fix before incorporation than after.

This service is for founders forming private limited companies, OPCs, public companies and Section 8 companies. We reserve the name, obtain the DSC and DINs, draft the Memorandum and Articles under Section 7, file SPICe+ with the incorporation application, and deliver the Certificate of Incorporation with PAN, TAN and the registered office formalities under Section 12 complete.

How It Works

  1. 1

    Structure & Name Advice

    We advise on the structure — private, OPC, public or Section 8 — and reserve the company name on the MCA portal.

    Harun Raaj & Associates does this3-7 days
  2. 2

    DSC & DIN

    We obtain the Digital Signature Certificates and Director Identification Numbers under Sections 152 and 153.

    Harun Raaj & Associates does this3-5 days
  3. 3

    MOA & AOA Drafting

    We draft the Memorandum and Articles of Association under Section 7 with the objects and capital structure.

    Harun Raaj & Associates does this3-5 days
  4. 4

    SPICe+ Filing

    We file the incorporation application in SPICe+ with the registered office details under Section 12.

    Harun Raaj & Associates does this1-2 weeks
  5. 5

    Certificate & Post-Incorporation

    We deliver the Certificate of Incorporation, PAN, TAN and the post-incorporation compliance start-up.

    Harun Raaj & Associates does this1 week

Frequently Asked Questions

What is the SPICe+ process and what does it cover?
SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) is the MCA21 V3 integrated form for private limited company incorporation. Part A: name reservation via RUN (Reserve Unique Name) or simultaneous name and incorporation in Part B. Part B: DIN allotment for directors, incorporation certificate, PAN/TAN allotment, EPFO/ESIC registration, GST registration (optional), and bank account opening. MCA fees are based on authorised capital — minimum ₹1,000 for capital up to ₹1 lakh. Incorporation is typically complete within 7–10 working days from the date all DSC-signed documents are submitted to the ROC.
How many directors and shareholders are required?
A private limited company requires a minimum of 2 directors and 2 shareholders under Section 3(1)(ii) read with Section 149(1) of the Companies Act 2013. Maximum shareholders: 200 (Section 2(68) — the private company definition). At least one director must be a resident of India — meaning they stayed in India for at least 182 days in the preceding calendar year — under Section 149(3). A person can simultaneously be a director and a shareholder. Foreign nationals can be directors and shareholders; they require notarised and apostilled identity documents in place of Aadhaar.
What is the minimum authorised vs paid-up capital required?
There is no statutory minimum paid-up capital for a private limited company after the Companies (Amendment) Act 2015 removed the earlier ₹1 lakh requirement. Authorised capital is the ceiling you can issue — MCA stamp duty is payable on it at incorporation. It is practical to start with ₹1 lakh authorised and increase later via Form SH-7 (₹500 fee plus stamp duty on the increase) as needed. Even ₹10,000 in paid-up capital is sufficient to start. Choose your authorised capital based on a realistic 12-month funding plan — setting it too high upfront needlessly increases stamp duty at incorporation.
What ongoing compliance is mandatory from the first year?
Statutory minimums from year one: at least 4 Board meetings per year with a gap of no more than 120 days between consecutive meetings — Section 173; statutory audit appointment within 30 days of incorporation via Form ADT-1 under Section 139; annual accounts and Board Report under Schedule III and Section 134; Annual Return in Form MGT-7 within 60 days of the AGM under Section 92; Financial Statements in Form AOC-4 within 30 days of the AGM under Section 137; DIR-3 KYC for every director by September 30 each year. Add GST returns if registered, quarterly TDS returns, and PF/ESIC contributions if you cross the statutory employee thresholds.
Can a single person start a company alone?
Yes — a One Person Company (OPC) under Section 2(62) allows a single resident Indian individual as the sole member and director. A nominee (a second person named in the MoA) is mandatory and takes over membership if the member dies or becomes incapacitated. Mandatory conversion to a private limited company applies under Rule 6 of the Companies (Incorporation) Rules 2014 if paid-up capital exceeds ₹50 lakh or turnover exceeds ₹2 crore in any of the preceding three years. An OPC cannot carry on NBFC, banking, or investment activities, and cannot issue securities to the public.

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