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How to Register a Company in India: Legal Requirements & Compliance Checklist (2025)
Table of Contents
A company is a legal entity distinct from its owners, created to conduct business activities with a structured organisational framework. Unlike individual proprietorships, a company possesses its own legal identity, capable of owning property, entering into contracts, and incurring liabilities independently. This unique structure provides entrepreneurs with limited liability protection, minimising personal financial risk while creating a scalable business model.
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Registering a company in India involves navigating complex regulatory landscapes, understanding diverse business structures, and complying with governmental requirements. The process transforms a business idea into a legally recognised organisational entity, enabling entrepreneurs to establish a robust and credible business presence in India's dynamic economic environment.
Quick Info Table About Registering a Company
Information | Detailed Insights |
Established date | Started as the Indian Companies Act, 1866, and then replaced by the Indian Companies Act, 1956, and now governed by the Companies Act, 2013 |
Started Date | Companies Act, 2013 |
Governed by | Ministry of Corporate Affairs (MCA), Government of India |
Who can register? | Indian citizens, NRIs, Foreign nationals |
Documents needed to register | PAN card of the founder/sAhaar Card of the founder/PAN cardCompany’s registered office proofMemorandum of Association (MoA) and Articles of Association (AoA)s |
Who does the process? | The company CA/CSProfessional legal consultant Can help with starting and completing the process |
Who approves the process? | The appointed Registrar of Companies (ROC) verifies the documents and approves the company |
By when to register | The company should be registered within 10-15 working days of setting up |
Website | https://www.mca.gov.in |
What Are the Different Business Structures in India?
Understanding the business category that your company falls under is the first and most crucial aspect that the business owner should know before going ahead with the company registration process.
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1. Limited Liability Partnership (LLP)
A Limited Liability Partnership (LLP) is a hybrid business structure combining the benefits of a partnership and a company. It provides partners with limited liability protection while maintaining operational flexibility and minimal compliance requirements.
Types of LLP Limited Companies:
- Professional LLP
- Service-based LLP
- Trading LLP
Advantages of an LLP:
- Minimal compliance requirements
- Limited liability protection
- Flexibility in management
- No minimum capital requirement
- Easy transferability of ownership
Disadvantages of an LLP:
- Limited options for raising capital
- Higher taxation compared to traditional partnerships
- Less attractive to external investors
- Restrictions on converting to other business structures
2. Private Limited Company
A Private Limited Company is a separate legal entity with shareholders' liability limited to their invested capital. It provides robust legal protection and is suitable for businesses seeking significant growth and investment opportunities.
Types of Private Limited Companies:
- Closely held Private Limited Company
- Subsidiary Private Limited Company
- Section 8 Private Limited Company
Advantages of a Private Limited Company:
- Separate legal entity
- Limited liability protection
- Easier to raise capital
- Perpetual succession
- Enhanced credibility
Disadvantages of a Private Limited Company:
- Complex registration process
- Higher compliance requirements
- Increased regulatory oversight
- Higher setup and maintenance costs
3. One Person Company (OPC)
One Person Company (OPC) is a unique business structure allowing a single individual to establish a corporate entity with limited liability. It provides sole entrepreneurs with corporate benefits and legal protection.
Types of OPC Limited Companies:
- Proprietary OPC
- Service-based OPC
- Technology-driven OPC
Advantages of an OPC:
- Single-person ownership
- Limited liability protection
- Separate legal identity
- Lower compliance burden
- Easy transferability of ownership
Disadvantages of an OPC:
- Limited scope for expansion
- Stricter regulatory requirements
- Mandatory nominee director
- Capital raising challenges
4. Public Limited Company (PLC)
A Public Limited Company is a business entity that can offer shares to the public and is listed on stock exchanges. It provides extensive opportunities for raising capital and attracting large-scale investments.
Types of Public Limited Companies:
- Listed Public Limited Company
- Unlisted Public Limited Company
- Government Public Limited Company
Advantages of a Public Limited Company:
- Ability to raise substantial capital
- Enhanced market reputation
- Liquidity for shareholders
- Easier access to funding
- Broader investor base
Disadvantages of a Public Limited Company:
- Complex regulatory compliance
- High setup and maintenance costs
- Extensive disclosure requirements
- Vulnerable to market fluctuations
- Loss of complete management control
Importance of Choosing a Suitable Business Structure
The business owner and the directors must choose the most appropriate business structure. Choosing the wrong business structure can significantly impact the finances of the individuals and the company, as every business structure has different compliance requirements.
- Audit: Registering a company legally opens the business for an accurate audit of the company’s accounts and ledger. To ensure this happens according to the rules, the business stakeholders must hire auditors and various accountants on the payroll. Thus, if you choose the wrong business structure, these costs can dent the company’s revenue.
- Income Tax: Tax on the income earned by the business stakeholders and the business is different for each business, as mentioned above. For example, a sole proprietor only has to file individual income tax, but a company has to file income tax and a tax return with the registrar of companies!
- Business Expansion: It is vital to choose the correct business structure because certain types of businesses have rules regarding business expansion. Some companies are more investor-friendly than others, thus attracting more investment.
How to Register a Company in India?
Registering a company in India has become easier than ever before. If you follow just four main aspects, you will quickly know every detail, whether you are searching for how to register a private limited company or any other business structure. Company registration has shifted online, thereby making the process more user-friendly and flawless!
What Documents are Required to Register a Company in India?
The government has introduced a Simplified Proforma for Incorporating a Company Electronically (SPICe), an integrated single-point application that enables the stakeholders to carry out the legalities of company registration. The portal can be used to complete formalities such as Company Name Registration, Allotment of DIN (for Directors and Incorporation), along with allotment of Permanent Account Number (PAN) and Tax Collection and Deduction Account Number (TAN) to the new company. The following documents need to be submitted when registering a company in India.
Documents Required for Company Registration from Shareholders and Directors
A. Identity Proof Documents
- Permanent Account Number
- Aadhaar Card / Passport / Driving License / Voter Identity Card (at least one from the list)
B. Address Proof Documents
- Telephone Bill / Mobile Bill
- Electricity Bill / Water Bill
- Copy of the Bank Passbook with latest transaction entry or Bank Statement (not more than 2 months old)
C. Passport size Photographs (3 each)
Important note: The stakeholders must self-attest to all the above documents. It is also advised that the latest documents and telephone bills be submitted; the electricity bill should not exceed 2 months.
How to Register a Company Online?
If you are worried about registering a company in India online, there are four things to keep in mind.
Step 1: Director Identification Number (DIN)
The Director Identification Number (DIN) is one of the most important documents to submit to the authorities. It is an identification number for the company’s director, and it must be obtained by anyone who wants to be the company director.
Step 2: Digital Signature Certificate (DSC)
As the company’s registration is an online procedure, the company’s stakeholders need to have digital signatures on the various forms to be filled out at the MCA portal.
Step 3: Registration on the Ministry of Corporate Affairs (MCA) Portal
The SPICe+ form and the necessary documents must be submitted to the MCA portal to apply for company registration. To ensure that this is carried out seamlessly, the company’s director must first register on the MCA portal and then gain access to different services such as filling out forms and viewing other public documents electronically.
Step 4: Certificate of Incorporation
Last but certainly not least, once the documents are submitted, the Registrar of Companies examines the application. If successful, the Registrar issues a Certificate of Incorporation of the Company.
Benefits of Company Registration in India
There are plenty of advantages of company registration for the business and business stakeholders in India. These advantages go beyond financial benefits and are essential for the future of the business owner and the organisation. Some of the highlighted benefits are:
- Separate Legal Entity: Under the Companies Act, 2013, a registered company is a separate legal entity (from its directors and shareholders) and has its own existence from a legal perspective. An incorporated company has its assets, debts, and legal proceedings, and thus, the liabilities of the individual company members are limited to the company's debtors and creditors.
- Perpetual Succession: As the word suggests, the company’s existence is everlasting even if the directors, members, shareholders change once the company has been registered. So long as the entity is compliant with the Companies Act, the incorporation will remain active.
- Transferability of Shares: Once registered, the company’s shares can be transferred easily amongst different promoters, business stakeholders, and the public in the case of a publicly listed company. There are a few restrictions in a private limited company, but there can never be a complete ban on shares.
Guidelines About How to Choose Your Company Name
Choosing the right name for your company is significant, as it will also become the brand identity of the business going forward. Registering the company name is easy, but there are a few critical points that the applicant must keep in mind.
- The applicant must be aware that the proposed name should not match precisely with an existing name of any Limited Liability Partnership, company or Trademark.
- The format of the company name has to follow the guidelines prescribed in the law. For example, a Private Limited company should have the name ABC Pvt. Ltd. Similarly, an OPC will have to register a name such as XYZ (OPC) Private Limited.
- Generic names that may be related to a place are prohibited.
- The proposed name cannot include offensive words or violate the emblems or trademarks.
1. How to register a company name?
There are few necessary steps that the business owner must take to register the company name. The applicant (anyone on behalf of the company) must use the Reserve Unique Name (RUN) service on the MCA portal to reserve the desired name.
2. How to check if a company is registered?
The person must visit the MCA portal to check if the company is successfully registered or not. Then, the person can visit the portal and click the “MCA Services” tab, a drop-down list with “View Company/LLP Master Data” options. On entering the company’s CIN number, the portal site will display the company’s exact registration status on the screen.
How to Register a Private Limited Company in India
Registering a private limited company in India is a structured process that involves multiple legal and administrative steps. Entrepreneurs must navigate complex regulatory requirements, documentation, and compliance mechanisms to establish a legitimate business entity. This comprehensive guide provides a step-by-step approach to understanding and successfully completing the company registration process in India.
Company Registration Process
Establishing a private limited company requires careful planning, adherence to legal frameworks, and systematic execution of multiple procedural requirements. The registration process involves several critical stages and governmental approvals.
- Conduct a comprehensive name availability search through the Ministry of Corporate Affairs portal.
- Obtain a Digital Signature Certificate for proposed company directors online.
- File incorporation documents using the MCA-21 electronic filing platform.
- Prepare necessary documentation, including a memorandum and articles of association.
- Apply for a Director Identification Number for all proposed directors.
- Draft a detailed project report highlighting business objectives and strategies.
- Open a temporary bank account for the initial capital deposit.
- Submit requisite forms and pay prescribed registration fees online.
- Obtain a Certificate of Incorporation from the Registrar of Companies.
- Acquire Permanent Account Number and Tax Identification Number.
- Complete mandatory statutory registrations with relevant authorities.
- Fulfil initial capital subscription requirements for company formation.
Document Checklist
Comprehensive documentation is crucial for smooth company registration. Entrepreneurs must meticulously prepare and submit multiple documents to ensure legal compliance.
- Passport-sized photographs of proposed directors with their signatures.
- Address proof documents for all directors and shareholders.
- Identity verification documents like Aadhaar or Passport copies.
- Residential proof demonstrating the current permanent residential address.
- Digital signatures of proposed directors and key stakeholders.
- Memorandum of Association outlining the company's primary business objectives.
- Articles of Association detailing internal governance and operational rules.
- No-objection certificates from property owners for the registered address.
- Bank account opening documents with initial capital details.
- Declaration of compliance signed by a practising company secretary.
- Directors' consent forms for proposed company leadership roles.
- Comprehensive declaration of professional and personal background information.
Post-Registration Compliance
After successful company registration, businesses must adhere to ongoing statutory requirements. Maintaining proper compliance ensures continued legal validity and operational smoothness.
- File annual financial statements with the Registrar of Companies annually.
- Conduct regular board meetings and maintain detailed meeting minutes.
- Update shareholders about the company's financial performance and strategic developments.
- Maintain comprehensive accounting records and statutory registers.
- Prepare and file income tax returns within prescribed timelines.
- Conduct annual general meetings for shareholders and directors.
- Renew and maintain necessary business licenses and permits.
- Submit quarterly financial reports to the relevant governmental authorities.
- Ensure timely payment of statutory dues and taxes.
- Maintain updated records of directors, shareholders, and capital.
- Comply with Goods and Services Tax reporting requirements.
- Implement robust internal financial control and audit mechanisms.
How to Register a Proprietorship Company in India
Proprietorship is the simplest form of business ownership in India, characterised by its straightforward establishment and minimal regulatory requirements. This business structure is ideal for small entrepreneurs and individual business owners seeking a low-cost, flexible approach to starting a business. Unlike complex corporate structures, a proprietorship allows complete control and direct ownership by a single individual.
Company Registration Process
Registering a proprietorship involves a relatively uncomplicated process with fewer legal formalities compared to other business structures. Entrepreneurs can establish their business with minimal paperwork and quick implementation.
- Select a unique and appropriate business name reflecting core activities.
- Obtain necessary trade licenses from the local municipal corporation authorities.
- Apply for a Permanent Account Number from the Income Tax Department.
- Register your business with the local Goods and Services Tax authorities.
- Open a dedicated bank account for business transactions.
- Create a comprehensive business plan outlining operational strategies.
- Determine appropriate business classification and sector specifications.
- Conduct market research for business viability and potential.
- Prepare a detailed project report for potential financial requirements.
- Obtain essential professional certifications for specific business activities.
- Complete mandatory registration with the district industries centre.
- Acquire relevant state-specific business operational permits.
Document Checklist
Proprietorship registration requires specific documents demonstrating the business owner's identity, address, and intentions. Accurate documentation ensures smooth registration and legal compliance.
- Proof of the business owner's identity, like an Aadhaar card.
- Residential address proof with current permanent contact details.
- Detailed business address proof and ownership documentation.
- Passport-sized photographs of the business proprietor.
- A PAN card demonstrates an individual's tax identification number.
- Bank account documents for business financial transactions.
- Professional qualification certificates related to the business domain.
- No-objection certificate from the property owner if applicable.
- Detailed business plan with projected financial statements.
- Proof of educational qualifications and professional expertise.
- Declaration of business activities and operational scope.
- Self-declaration of business ownership and operational intentions.
Post-Registration Compliance
After establishing a proprietorship, ongoing compliance becomes crucial for maintaining legal and financial credibility. Regular documentation and adherence to regulatory requirements ensure smooth business operations. Maintain accurate and updated financial accounting records.
- File income tax returns within prescribed statutory timelines.
- Renew trade licenses and professional certificates annually.
- Keep comprehensive records of business income and expenditure.
- Register for Goods and Services Tax if applicable.
- Maintain bank records of all business transactions.
- Update business registration details when necessary.
- Comply with local municipal and state-level regulations.
- File yearly income tax returns with complete documentation.
- Maintain transparency in business financial transactions.
- Report significant changes in business operational structure.
- Retain all financial and operational documents systematically.
How to Register a Start-up Company in India
The following steps are needed if you want to register your start-up company in India.
- Get the Incorporation/Registration Certificate of your start-up
- Details of the Directors
- Proof of concept like pitch deck/website link/video (in case of a validation/ early traction/scaling stage start-up)
- Register Your Start-up with Start-up India
- Get DPIIT Recognition
- Patent and trademark details (Optional)
- PAN Number
How do you register a construction company in India?
In India, construction can be carried out in the private and government sectors. Construction businesses are capital-intensive; thus, the business directors may be required to buy the equipment and ensure the labour procurement needed to deliver the projects.
Construction companies can be registered in the following business structures: Proprietorship Firm, Partnership Firm, Limited Liability Partnership, Private Limited Company, and Public Limited Company.
Checklist for Registering a Construction Company in India
- Decide on the name of the company.
- Objects of the Company should have Construction and Infrastructure Activities.
- The following documents are required for the registration of a construction project
- Pan Card, Aadhar card
- Bank Statement with current address
- Photographs
- Mobile no, Email ID
- Electricity bill office address
- Rent agreement office address, if the office address is on rent
- NOC from the owner
- Open a bank account for a company
- Submission of incorporation application for registration of a Private Limited Company
- Registration of a Private Limited Company by the Registrar of Companies
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Frequently Asked Questions
Ans. Thanks to the new rules and changes in registering a company, the time taken to register a company in India has reduced drastically. If the applicants have all the documents ready, then the average time taken for the authorities to verify the documents and confirm the company’s registration is 10-15 days.
Ans. As mentioned in the article, the process of registering any company in India has wholly shifted online. Thus, by law, the physical presence is not required of any of the business stakeholders. Instead, the scanned and self-attested documents as are necessary for registration are submitted via portal or email. Once the process is completed, the MCA sends the company incorporation certificate to the business address.
Ans. The cost of company registration can differ depending on the type of business structure. The cost of sole proprietorship registration is up to Rs.2500, while registering a partnership firm costs Rs. 5000. If you own a private (LLP or LLC) company with an authorised capital of at least Rs.1,00,000, the registration will cost Rs. 7000.
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