Home / Company Registration in India

Updated on : 05-May-2023    IST | 4 min read

Company Registration

Company incorporation or Company registration means forming a new company by following the rules, regulations & guidelines specified under Companies act 1956, 2013 & other allied acts, bills and rules.

The incorporated corporation may be a business startup, micro, small or medium scale business or a not for profit organization. All the corporate affairs are governed by MCA under the Companies act, 1956, Companies act 2013& other allied acts, bills & rules.

MCA protects the interest of investors & offer many important services to the stakeholders as well. Ministry of corporate affairs prepare, govern and control all the rules, regulations and policies of the companies under Companies act 1956, Companies act 2013, LLP act, 2008 and other allied act, bills & rules.

Company Name Availability

Choosing a name for the company is one of the most important steps when registering a company in India. While choosing a unique name, you need to consider various factors in mind and follow the company naming guidelines mentioned under the Companies Act, 2013 in order to arrive at a good decision. Important things which we have to take care of while choosing a name for the company are –

  • A company name should be unique.
  • It should be easy to remember
  • It should not be similar or identical to any existing company or LLP or trademark
  • It should follow the naming guidelines specified under the Companies Act, 2013.
  • It should be attractive
  • It should not be blacklisted
  • No common trademark

However, MCA is responsible for accepting or rejecting the company name application.

Select Your Company Type

There are different types of companies in India. All the companies are listed in the tabular format below so that you can easily choose the company type which best suits your business requirements –

Points of Distinction Private limited company Partnership Firm Sole proprietorship firm LLP One person company Section 8 company
Suitable for Start-up & growing companies Home businesses Small traders & manufacturers/ Businesses opened for a limited period Professional services or firms/Existing partnership businesses wants to reduce their personal liability Sole promoters/businesses want to limit their liabilities to an extent Charitable or non-profit organizations
Limited liability Yes No No Yes Yes Yes
Tax advantage Few benefits Minimal tax advantage Minimal tax advantage Maximum advantages Few benefits Maximum advantages
Perpetual succession Yes No No Yes Yes Yes
Statutory Compliances High Minimal Minimal Low High High
Profit & losses Owner of the company Distributed among partners in an agreed ratio Sole-proprietor is responsible for the profits & losses of the firm Distributed among partners Sole owner of the company is responsible Non-profit organization

Requirements to Start a New Company in India

Minimum Two Person

Register your companies with at least two persons to act as the initial director & shareholders. The company can have up to 200 shareholders & 15 directors.

Resident Director

One director of the company should be resident in India. A Person is considered a resident when he/sh stays in India for over 182 days during the previous financial year.

Registered Address

The company must be registered at a physical address, known as Registered Address. You need to submit Registered Office Proof & NOC from the owner.

Capital Requirement

Invest as per the business’s requirement, & there is no prescribed minimum or maximum capital. However, the ROC Fee is calculated on the capital.

Documents Required For Company Registration in India

For Private Limited Company Registration

Identity proof of Directors and Shareholder

Proof of Registered Office in India

Address Proof of Directors and Shareholders

Signed Incorporation Documents

MOA & AOA

For LLP Registration

Identity proof

Address proof

DIN & DSC

PAN Card Copies of the partners

For Partnership Registration

Identity proof of the partners

Address proof of the partners

DIN of the partners

DSC of the partners

For Proprietorship Firm Registration

Identity proof of the proposed owner

Address proof of the proposed owner

Registered Office proof

Bank account

For One Person Company Registration

Identity proof of Directors and Shareholder

Proof of Registered Office in India

Address Proof of Directors and Shareholders

Signed Incorporation Documents

MOA & AOA

For Section 8 Company Registration

Identity proof of Directors and Shareholder

Proof of Registered Office in India

Address Proof of Directors and Shareholders

Signed Incorporation Documents

MOA & AOA

Benefits of Company Registration

The benefits of company registration are as follows –

  1. It offers limited liability as an individual
  2. It provides numerous tax benefits
  3. It helps improving test factor and enhancing your brand image
  4. It gives legal identity or recognition to your business.
  5. It makes you eligible for investment/funding.

Entity Comparison Guide

Private limited company Partnership Sole proprietorship LLP One person Company Section 8 company
Members 2 Minimum 200 Maximum 2 Minimum 20 Maximum 1 Maximum 2 Minimum Maximum no limit 1 2 Minimum 200 Maximum
Separate legal entity Yes No No Yes Yes Yes
Liability of members Limited liability Unlimited liability Unlimited liability Limited liability Limited liability Limited liability
Registration – Optional or Mandatory Registration under MCA is mandatory Optional/Can be registered under partnership act 1932 Not mandatory Registration under MCA is mandatory Registration under MCA & Companies act 2013 is mandatory Registration under section 8 of MCA
Taxation 30% of profit + education cess + surcharge 30% of company Profit Taxed as an individual 30% of profit + education cess + surcharge 30% of profit + education cess + surcharge 30% of profit orTax exempt (If registered under 12AA of the income tax act)
Transferability of shares Can be transferred Not allowed Not allowed Can be transferred Allowed to only one person Can be transferred
Annual filings Filed with ROC Income tax return with ROC Income tax return with ROC Filed with ROC Filed with ROC MCA annual return and income tax return each year