Imagine you’re an architect with a vision for a grand new project. You’ve sketched the plans, but now you need to lay the foundation and build it brick by brick. Incorporating a company is just like that—except instead of blueprints and bricks, you’re dealing with legal documents, registrations, and compliances.
For many entrepreneurs, the initial excitement of launching a startup can quickly turn into confusion when faced with the complex web of legal requirements and paperwork. But fear not! We’re here to simplify this process for you. In this comprehensive guide, we’ll break down each step of setting up a private limited company in India, offering you a clear roadmap from concept to incorporation.
Key Steps to Setting Up Your Private Limited Company
| Item | Description | Process and Sequencing | Resident / Non-Resident Implications | Online/Manual - Automation Possibilities |
|---|---|---|---|---|
| DIN (Director Identification Number) | A unique identification number required for all company directors. | Apply in Form DIR-3 or at the time of incorporation in Form INC-32 (SPICe+). Up to 3 directors can apply simultaneously. | Non-residents must have notarized and apostilled identity and address proof; passport is mandatory. | Online application via MCA portal; photograph and proof of identity must be submitted. |
| DSC (Digital Signature Certificate) | A digital certificate required for online submissions and official documents. | Obtain from certifying authorities (NIC, E-mudhra, etc.). Both residents and non-residents must hold a DSC. | Same process for both; notarized and apostilled documents needed for foreign applicants. | Online or manual application; eKYC authentication possible for residents. |
| Company Name Reservation | Reserve a unique name for your company that complies with legal requirements. | File SPICe+ Form (Part A) for name reservation, allowing one proposed name. | Not applicable. | Completely online. |
| MOA (Memorandum of Association) and AOA (Articles of Association) | Legal documents defining the company’s scope and internal regulations. | File MOA in Form INC-33 and AOA in Form INC-34, digitally signed by each member. Must be authenticated by an authorized professional. | e-MOA and e-AOA for residents; foreign subscribers need notarized and apostilled documents. | Online submission for residents; physical signing required for foreign subscribers. |
| Office Premises | A legal address for your company’s official communications. | Notify the registered office address in SPICe+ Form INC-32. If not available, provide a temporary address; register within 30 days. | Not applicable. | Online verification with rent agreement, utility bill, and NOC required. |
| Certificate of Incorporation (CIN) | Proof that the company is officially registered. | Automatically issued by the ROC post-verification of documents. | Not applicable. | Not applicable. |
| Certificate of Commencement of Business | Declaration confirming the start of business operations. | File Form INC-20 A within 180 days of incorporation. Verification by a Chartered Accountant, Cost Accountant, or Company Secretary required. | Not applicable. | Online filing; proof of payment for shares must be attached. |
| PAN (Permanent Account Number) / TAN (Tax Deduction and Collection Account Number) | Identification for tax purposes and to manage tax deductions. | Apply in SPICe+ Form INC-32; PAN and TAN are allocated post-incorporation. | Not applicable. | Completely online. |
| Opening a Bank Account | A necessary step for managing business finances. | Open an account using the AGILE-PRO e-form (INC-35) linked to SPICe+; details sent to the selected bank after incorporation. | AGILE-PRO and SPICe+ must be digitally signed by the resident director who is also the authorized signatory. | Completely online; details of the authorized signatory must be submitted. |
Why Understanding These Steps Matters
Every step in the incorporation process is a building block for your startup’s future. By understanding and efficiently managing these tasks, you’ll set a strong foundation for your business. The right knowledge ensures you comply with legal requirements and positions you for future growth.
Ready to Move Forward? Check out our post-incorporation compliance guide to discover what’s next for your new company’s success.
