CLIENT PREPARATION GUIDE
Company incorporation
An initial information pack for discussing company incorporation. The final forms and evidence depend on the company type, subscribers, directors and registered office.
Business and ownership
- Proposed company type, preferred names and business activities
- Proposed capital and subscriber shareholding split
- Names and details of proposed directors, subscribers and any nominee
- Identify foreign / non-resident or body-corporate participation so additional requirements can be assessed
People and registered office
- PAN, identity and residential address information as applicable; existing DIN and DSC details
- Registered office address, occupancy basis and owner permission / NOC where applicable
- Appropriate office evidence and recent utility proof; the team will confirm validity requirements
- Individual mobile / email access for required authentication — keep passwords and OTPs private
Review and next actions
- Review the proposed objects, capital and incorporation forms before signing
- Confirm linked registrations already included in the incorporation process
- Keep the incorporation certificate and agreed post-incorporation checklist together
Choosing the company type
- Private limited company: at least two directors and two members, with a maximum of 200 members.
- One Person Company: one member, who must be a natural person and an Indian citizen, with a nominee.
- Public company: at least three directors and seven members.
Under section 149(3) of the Companies Act, 2013, every company needs at least one director who has stayed in India for at least 182 days during the financial year. No minimum paid-up capital is prescribed.
The SPICe+ process
- Part A – name reservation. Filed separately, it allows two proposed names, and the approved name is valid for 20 days. Filed together with Part B, only one name can be proposed.
- Part B – incorporation. Registered office, capital, subscriber and director details, DIN allotment for proposed directors, and PAN and TAN for the company.
- Linked forms: e-MoA (INC-33), e-AoA (INC-34) and AGILE-PRO-S (INC-35). AGILE-PRO-S covers EPFO and ESIC registration, the company bank account and GSTIN if opted. Profession tax registration is mandatory for new companies in Maharashtra.
- Declarations and signing: subscribers and first directors sign the INC-9 declaration and the forms with their DSCs.
- Certificate: on approval, the Registrar issues the certificate of incorporation with the CIN, PAN and TAN.
Government fees
MCA allows a zero filing fee for SPICe+ incorporation of companies with authorised capital up to Rs 15 lakh. Stamp duty on the MoA and AoA is still payable as applicable in the State of registration. A separate name reservation through Part A carries a fee of Rs 1,000 per name.
Common reasons for resubmission
- Names that resemble an existing company, LLP or registered trade mark, or that use restricted words without the required approval.
- Main objects that are vague or do not match the activity code chosen.
- A dated utility bill, or a missing or unsigned owner NOC for the registered office.
- Different spellings of a director's name across PAN, Aadhaar, passport and DSC.
- Foreign subscribers' documents that are not notarised or apostilled as required.
First compliances after incorporation
- First board meeting within 30 days of incorporation (section 173).
- First auditor appointed by the Board within 30 days (section 139(6)).
- Subscription money received in the company's bank account, and the declaration for commencement of business in INC-20A filed within 180 days (section 10A).
- Share certificates issued to subscribers within two months (section 56(4)).
- Name and registered office displayed, statutory registers set up, and DIR-3 KYC kept current for directors.
- The first AGM held within nine months of the close of the first financial year, followed by financial statements in AOC-4 and the annual return in MGT-7 or MGT-7A.
Frequently asked questions
Is there a minimum capital to form a private limited company?
No minimum paid-up capital is prescribed under the Companies Act, 2013. Fees and stamp duty depend on the authorised capital, and SPICe+ filing fees are nil for authorised capital up to Rs 15 lakh.
Can a foreign national be a director?
Yes, provided the company has at least one director who stayed in India for at least 182 days during the financial year. Foreign subscribers also bring FEMA reporting obligations.
How long is a reserved company name valid?
A name approved through SPICe+ Part A is valid for 20 days. Part B should be filed within that period.
Is profession tax registration automatic for a new company in Maharashtra?
It is a mandatory part of the AGILE-PRO-S form for companies incorporated in Maharashtra, so a separate application is generally not needed. Check the incorporation records for the numbers.
What is INC-20A and when is it due?
INC-20A is the declaration that subscribers have paid for their shares. A company with share capital must file it within 180 days of incorporation before commencing business or borrowing.
Can a residential address be the registered office?
Yes. Proof of address, a recent utility bill and the owner's no-objection are needed, along with rent or leave-and-licence papers where the premises are not owned.
Law position reviewed on 9 October 2026. Rates, forms and due dates change; confirm against the official portal before filing.
For questions on incorporating a company on your specific facts, see the contact page.
Reference information
Prepared 9 September 2026. Portal instructions and your circumstances determine the final requirements.