Starting a company in India involves more than obtaining a Certificate of Incorporation. A founder must choose the right legal structure, decide ownership and capital, select an acceptable name, prepare the Memorandum and Articles of Association, complete MCA incorporation forms and then meet several post-registration requirements.
If you are planning to start a company in Gurgaon or Gurugram, the incorporation itself is processed electronically through the Ministry of Corporate Affairs. Your registered office can be in Gurgaon, while the application and documents can be prepared and submitted online.
This guide explains how to start a company in India, the documents required, the SPICe+ incorporation process, expected cost factors, common mistakes and the compliances that begin immediately after registration.
Quick Answer: How Do You Start a Company in India?
To start a company in India:
- Choose the appropriate business structure.
- Finalise the founders, directors, shareholding and capital.
- Arrange Digital Signature Certificates for the proposed signatories.
- Select and reserve an acceptable company name.
- Decide the registered office and collect address documents.
- Draft the business objects, Memorandum and Articles of Association.
- File SPICe+ and its linked incorporation forms on the MCA portal.
- Obtain the Certificate of Incorporation, CIN, PAN and TAN.
- Complete the first Board, auditor, bank, share-certificate and commencement requirements.
- Set up accounting, tax, payroll and annual ROC compliance from the beginning.
A straightforward incorporation may be completed within several working days after all information, digital signatures and documents are ready. However, no fixed timeline can be guaranteed because name approval, MCA scrutiny, resubmission and portal availability can affect processing.
First Decide: Do You Need a Company?
Many people use “company registration” as a general term for starting any business, but a proprietorship, partnership firm, LLP and company are legally different structures.
Before incorporation, consider:
- Number and relationship of founders
- Need for limited liability
- Expected turnover and funding
- Whether outside investment or employee stock options are planned
- Profit-distribution expectations
- Nature and risk of the business
- Annual compliance budget
- Customer, vendor or tender requirements
- Whether the business may be sold, franchised or scaled
The easiest structure to open is not always the best structure for the next five years. At the same time, a private limited company should not be selected only because it appears more prestigious; it brings continuing accounting, audit, Board and ROC obligations.
Comparison of Common Business Structures
| Structure | Ownership requirement | Liability | Separate legal entity | Regular compliance | Usually suitable for |
|---|---|---|---|---|---|
| Sole proprietorship | One proprietor | Generally unlimited | No | Relatively low | Small owner-managed business |
| Traditional partnership | Two or more partners | Generally unlimited, subject to law | Limited separate recognition | Moderate | Closely held traditional businesses |
| Limited Liability Partnership | At least two designated partners | Generally limited | Yes | Moderate | Professional or service businesses seeking flexibility |
| One Person Company | One member with nominee; at least one director | Limited | Yes | Company-level compliance with certain relaxations | Solo founder wanting corporate structure |
| Private limited company | At least two members and two directors | Limited | Yes | Higher | Startups, scalable businesses and outside investment |
| Public limited company | At least seven members and three directors | Limited | Yes | Highest | Larger businesses intending wider capital access |
The same individual can generally act as both a shareholder and director, subject to eligibility and applicable law. A private company therefore commonly begins with two founders who are both subscribers and directors.
Why Do Founders Choose a Private Limited Company?
A private limited company is one of the most widely used structures for startups and growth-oriented businesses.
Separate Legal Identity
After incorporation, the company becomes a legal person separate from its shareholders and directors. It can own property, open bank accounts, enter contracts and carry on business in its own name.
Limited Liability
In a company limited by shares, a shareholder’s liability is generally limited to the unpaid amount on the shares held, subject to personal guarantees, fraud and other statutory exceptions.
Perpetual Succession
The company continues despite a change in shareholders or directors, subject to legal closure or other statutory events.
Funding and Share-Based Ownership
A company provides a recognised framework for issuing and transferring shares, admitting investors and structuring employee incentives, subject to the Companies Act, securities law, FEMA and other applicable provisions.
Business Credibility
Customers, investors, lenders and larger vendors may prefer dealing with an incorporated entity that has identifiable directors, statutory records and audited financial statements.
Transferable Business Value
Brand, contracts, technology and other assets can be owned by the company, making future investment, succession or acquisition more structured.
When May a Private Limited Company Not Be the Best Option?
A company may not be ideal where:
- The activity is very small and owner-managed
- There is no need for investment or limited liability
- The founders do not want recurring ROC and audit costs
- Profits will simply be withdrawn personally without a corporate plan
- Ownership arrangements are not yet clear
- Founders are unwilling to maintain separate company records and bank transactions
For some businesses, an LLP or proprietorship may provide a better balance between compliance and commercial need. The decision should be based on the actual business rather than a generic recommendation.
Basic Requirements for Starting a Private Limited Company
Minimum Two Members
A private company is formed by two or more persons subscribing to its Memorandum. Its Articles restrict share transfer and ordinarily limit the number of members as prescribed for a private company.
Minimum Two Directors
A private company requires at least two directors. Every company must also satisfy the resident-director requirement under Section 149(3) of the Companies Act, 2013. For a newly incorporated company, the prescribed stay requirement is applied proportionately for the financial year.
Digital Signature Certificates
The incorporation forms and linked documents are electronically signed. Digital Signature Certificates are therefore required for proposed subscribers, directors and professional signatories, as applicable.
Director Identification Number
Every director must have a valid Director Identification Number. DIN for eligible proposed first directors can be applied for through the integrated incorporation process, subject to the form limits and requirements prevailing on the filing date.
Acceptable Company Name
The proposed name should not be identical or too similar to an existing company or LLP name, registered or pending trademark, or prohibited expression. The name should also be consistent with the principal business objects.
Registered Office
Every company must have a registered office capable of receiving official communications. Owned, rented, residential or co-working premises may be considered if the company has lawful use of the address and acceptable supporting documents.
Lawful Business Objects
The Memorandum of Association must state the objects for which the company is incorporated. Objects should cover the genuine proposed activities without being vague, contradictory or unnecessarily broad.
Share Capital
There is no general statutory minimum paid-up capital requirement for an ordinary private company. Founders should nevertheless select practical authorised and subscribed capital based on ownership, initial funding, stamp duty and future requirements.
Minimum Requirements at a Glance
| Particular | Private limited company |
|---|---|
| Minimum members | 2 |
| Minimum directors | 2 |
| Resident director | At least one, subject to Section 149(3) |
| Registered office | Required |
| Digital signatures | Required for relevant electronic signatories |
| DIN | Required for directors |
| Statutory minimum paid-up capital | No general minimum for an ordinary private company |
| Name ending | “Private Limited” |
| Statutory audit | Required even if turnover is nil, subject to applicable law |
| Annual ROC filing | Required |
Step-by-Step Process to Start a Company
Step 1: Decide the Founders, Directors and Shareholding
Before preparing forms, decide:
- Who will own the company?
- Who will manage it as directors?
- What percentage will each founder hold?
- How much will each subscriber invest?
- Will shares carry equal rights?
- Is any founder contributing intellectual property, customer relationships or technology?
- Will outside investors be admitted later?
These decisions should not be postponed until the form is being filled. A 50:50 structure, for example, may create a deadlock if the Articles or shareholders’ agreement do not provide a resolution mechanism.
Step 2: Choose the Company Type
For most closely held commercial businesses, the choice is commonly between:
- Private limited company
- One Person Company
- LLP
A Section 8 company is appropriate for eligible charitable or not-for-profit objects and follows additional requirements. A public company is normally selected for a larger ownership and fundraising plan.
Step 3: Finalise the Business Activity and Objects
Prepare a clear description of:
- Main products or services
- Target customers
- Online or offline business model
- Manufacturing, trading or service role
- Imports, exports or technology activities
- Activities planned in the near future
The company name, industrial activity code, Memorandum objects, GST registration and other licences should be aligned as far as applicable.
Step 4: Search and Select the Company Name
A proposed name should be checked against:
- Existing companies and LLPs on the MCA database
- Relevant trademarks on the IP India database
- Similar spellings and phonetic variations
- Restricted or regulated words
- Domain-name and social-media availability
- Relevance to the main business object
Company-name approval does not create trademark rights. If the name will be used as a valuable brand, a separate trademark search and application should be considered.
Step 5: Obtain Digital Signature Certificates
Digital signatures are arranged for the proposed subscribers and directors who must sign incorporation documents. Identity, address, mobile and email verification may be required by the certifying authority.
Foreign nationals or non-resident subscribers may require notarised, apostilled or consularised documents depending on their country and the applicable rules.
Step 6: Decide the Registered Office
The registered office determines the State of incorporation and relevant Registrar jurisdiction. Common documents may include:
- Recent electricity, gas, water or other acceptable utility bill
- Ownership proof or tax record, where required
- Rent or lease agreement for rented premises
- No-objection certificate from the owner
- Evidence linking the owner or lessor with the premises
- Authorisation from a co-working provider, where applicable
The address documents, spelling and PIN code should be consistent. A registered office can later be changed through the prescribed corporate process.
Step 7: Reserve the Name Through SPICe+ Part A
SPICe+ is the integrated MCA web form used for new company incorporation. Part A deals with name reservation. It may be submitted separately before incorporation or as part of the integrated filing, subject to the MCA process available at that time.
The name application should contain a clear significance of the proposed name and a concise explanation of the principal objects. Where a trademark is used, appropriate authorisation or supporting documents may be required.
Step 8: Prepare SPICe+ Part B
SPICe+ Part B collects incorporation details including:
- Company structure and category
- Registered office
- Capital and subscriber information
- Director and DIN details
- Business activity
- PAN and TAN information
- Professional declaration and certification
The integrated process is designed to provide several services through one set of linked forms, including incorporation, DIN, PAN, TAN and other registrations.
Step 9: Prepare the Memorandum and Articles
The Memorandum of Association (MOA) records the company’s name, State, objects, liability, capital and subscriber details.
The Articles of Association (AOA) contain internal governance rules relating to shares, meetings, directors, voting, transfer restrictions and management.
Standard electronic forms may be used where applicable, commonly including e-MOA and e-AOA. Founders should not treat the Articles as a mere template where customised ownership, investor or control arrangements are important.
Step 10: Complete Linked Forms and Declarations
The incorporation set may include:
- SPICe+ Part A and Part B
- Electronic Memorandum of Association
- Electronic Articles of Association
- AGILE-PRO-S for integrated registrations and bank-account application
- INC-9 declaration, where system-generated or otherwise applicable
- Supporting identity, address, registered-office and authorisation documents
- Professional certification required under the Companies Act
The exact form set depends on the company category, subscribers, directors, registered office and other facts.
Step 11: Pay MCA Fee and Stamp Duty
The total filing cost may include:
- Name-reservation fee, depending on filing route
- MCA incorporation fee, where applicable
- State-specific stamp duty on incorporation documents
- Digital Signature Certificate charges
- Professional preparation and certification charges
- Notarisation or apostille charges for foreign documents
- Additional forms or sector-specific approvals
The Government has announced zero incorporation fee for companies with authorised capital up to ₹15 lakh or up to 20 members where no share capital is applicable. This does not mean the entire incorporation is free: stamp duty, DSC, name fee, professional charges and other expenses may still apply.
Step 12: MCA Scrutiny and Resubmission, If Any
The Central Registration Centre reviews the application. It may approve the filing, ask for clarification or allow resubmission. Common resubmission reasons include:
- Name similarity or insufficient name significance
- Objects not matching the proposed name
- Registered-office document discrepancy
- Incorrect subscriber or director details
- Inconsistent capital figures
- Improper attachments or digital signatures
- Inadequate NOC or ownership evidence
A resubmission should answer every point clearly and within the portal deadline.
Step 13: Certificate of Incorporation, CIN, PAN and TAN
After approval, the Registrar issues the Certificate of Incorporation containing the company’s Corporate Identity Number. PAN and TAN are allotted through the integrated process. The company legally comes into existence from the incorporation date stated in the certificate.
The approved MOA, AOA, incorporation certificate, PAN/TAN communication and filed forms should be preserved permanently in the company’s statutory records.
What Services Are Integrated Through SPICe+ and AGILE-PRO-S?
The Government’s integrated incorporation system provides or facilitates multiple services, including:
- Name reservation
- Company incorporation
- Director Identification Number allotment
- PAN
- TAN
- EPFO registration
- ESIC registration
- GST registration, where applied for and applicable
- Bank-account application
- Profession-tax registrations for specified States
- Delhi Shops and Establishment registration, where applicable
EPFO and ESIC registration numbers are generated through the incorporation framework for new companies, but actual contribution and other substantive compliance begins according to the applicability and employee thresholds under the respective laws.
GST registration is not automatically required merely because a company is incorporated. GST applicability depends on turnover, nature of supply, business model and compulsory-registration provisions.
Documents Required to Start a Company
For Indian Directors and Subscribers
- PAN
- Aadhaar, passport, voter ID or driving licence, as applicable
- Recent address proof such as bank statement or utility bill
- Passport-size photograph, where required
- Email address and mobile number
- Details of occupation, education and nationality
- Consent and declarations in prescribed form
- Digital Signature Certificate
For the Registered Office
- Recent utility bill
- Rent or lease agreement, if rented
- Owner’s no-objection certificate
- Ownership proof or supporting premises document
- Co-working or shared-office authorisation, where applicable
For the Proposed Company
- Proposed names with significance
- Main business-object description
- Capital and shareholding plan
- Number and face value of shares
- State and registered-office address
- Details of proposed directors and subscribers
- Trademark owner’s consent or regulatory approval, where required
For Foreign or NRI Founders
- Passport
- Overseas address proof
- Notarised, apostilled or consularised documents, as applicable
- Indian address for service and authorised representative requirements
- FEMA and foreign-investment review
- Sectoral-cap and approval-route analysis, where relevant
Foreign-founder cases require additional planning because company law, FEMA, banking and beneficial-ownership requirements may operate together.
Can You Register a Company at a Residential or Rented Address?
Yes, a company may use a residential or rented address as its registered office when it has lawful authority to use the premises and provides acceptable documentation. Commercial ownership of the premises is not always mandatory merely for MCA registration.
However, founders should separately consider:
- Rent or lease restrictions
- Society or building rules
- Municipal and land-use restrictions
- Nature of business activity
- GST address requirements
- Shops and Establishments or other local registration
- Whether customers, employees or inventory will be located there
For a co-working office in Gurgaon, the provider’s agreement, NOC and address documents should be reviewed before incorporation rather than after the name is approved.
How Much Does It Cost to Start a Company?
There is no single fixed cost for every company. Cost depends on:
- State of registered office and stamp duty
- Authorised capital
- Number and location of directors/subscribers
- Number of Digital Signature Certificates
- Separate name-reservation filing
- Standard or customised MOA/AOA
- Foreign documents and apostille
- Professional fee
- Sectoral approval or licence requirements
When comparing quotations, check whether the amount includes:
- DSC
- Name application
- MCA and stamp duty
- PAN and TAN
- Professional certification
- Registered-office documentation
- Post-incorporation INC-20A
- First Board and auditor documentation
- GST, Udyam, Startup India or other registrations
A low incorporation quote may cover only the initial filing and exclude important work immediately after registration.
How Long Does Company Registration Take?
Once the documents, DSCs, name and incorporation information are complete, a straightforward application may be processed within several working days. The actual period depends on:
- Name availability
- Document readiness
- Digital-signature issuance
- MCA portal availability
- CRC scrutiny
- Resubmission requirements
- Foreign documents or regulated objects
The Central Registration Centre and web-based forms are designed to improve processing, but approval within a fixed number of hours or days should not be guaranteed.
What Happens Immediately After Company Registration?
Incorporation is the beginning of compliance, not the end. The following items should be placed on a dated checklist.
1. Open and Activate the Company Bank Account
Complete bank KYC and activate the company account applied for through the incorporation process. Personal bank accounts should not be used for company receipts and expenses.
2. Deposit Subscription Money
Each subscriber should deposit the amount agreed for the shares subscribed. The transaction should be properly recorded and supported by bank evidence.
3. File the Commencement Declaration
A company incorporated with share capital and covered by Section 10A must file the prescribed declaration, commonly FORM INC-20A, within 180 days of incorporation after subscribers have paid the value of shares agreed to be taken. Until the statutory conditions are met, the company should not commence business or exercise borrowing powers.
4. Hold the First Board Meeting
The first Board meeting must ordinarily be held within 30 days of incorporation. Matters may include:
- Taking note of the Certificate of Incorporation, MOA and AOA
- Registered office and statutory records
- Bank account and authorised signatories
- Receipt of subscription money
- Appointment of first auditor
- Disclosure of directors’ interests
- Issue of share certificates
- Accounting and tax authorisations
5. Appoint the First Auditor
For a non-Government company, the Board should appoint the first auditor within 30 days from registration. If the Board fails, the statutory procedure for appointment by members must be followed.
6. Issue Share Certificates
Share certificates to subscribers should ordinarily be delivered within two months from incorporation, after receipt of subscription money and compliance with applicable stamp and execution requirements.
7. Verify the Registered Office
The company must furnish verification of its registered office within 30 days of incorporation in the prescribed manner. Where complete registered-office details are included and approved through incorporation, the filing position should be checked from the approved forms and certificate set.
8. Set Up Books of Account
Accounting should begin from the incorporation date. Set up:
- Chart of accounts
- Invoice series
- Expense approval process
- Bank reconciliation
- Payroll and reimbursement policy
- GST and TDS controls
- Fixed-asset register
- Related-party documentation
9. Display the Company’s Legal Details
Use the company’s legal name, registered-office address, CIN, email, telephone and website particulars on letterheads, invoices, notices and official publications as required under the Companies Act and other laws.
10. Obtain Other Registrations and Licences
Depending on the business, evaluate:
- GST registration
- Udyam registration
- DPIIT Startup recognition
- Shops and Establishments registration
- FSSAI licence
- Import Export Code
- Professional-tax registration in applicable States
- Trade or factory licence
- Pollution, labour or sectoral approval
- Trademark registration
First 180 Days: Practical Compliance Calendar
| Time from incorporation | Important action |
|---|---|
| Immediately | Preserve incorporation documents and complete bank KYC |
| Within 30 days | First Board meeting |
| Within 30 days | Appointment of first auditor by the Board for a non-Government company |
| Within 30 days | Registered-office verification, where separately required |
| Within 2 months | Issue share certificates to subscribers |
| Within 180 days | File commencement declaration after subscription money is paid, where Section 10A applies |
| From day one | Maintain books, vouchers, contracts and statutory records |
This table is a general summary. Special-category companies and specific facts may create additional or modified requirements.
Annual Compliance After Starting a Company
Every company must continue complying even if it has no turnover or profit. Regular requirements may include:
- Maintenance of books and supporting records
- Statutory audit of financial statements
- Board and shareholder meetings as applicable
- Preparation and approval of financial statements and Board’s report
- Income-tax return
- TDS returns and certificates, where applicable
- GST returns, where registered
- Filing of financial statements with the ROC
- Filing of annual return in the applicable form
- DIN KYC for relevant directors
- DPT-3, MSME-1 or other event/periodic forms, where applicable
- Maintenance of statutory registers and minutes
- Disclosure and approval of related-party transactions
For ordinary companies, the financial-statement filing is generally linked to the AGM date, and the annual return follows its own statutory period. Exact due dates should be checked for the relevant company type and financial year because extensions and form requirements can change.
Tax Registrations and Accounting Setup
PAN and TAN
PAN and TAN are allotted through the integrated incorporation process. TAN compliance becomes relevant when the company is required to deduct tax at source.
GST Registration
A company does not automatically need GST merely because it is incorporated. Registration depends on aggregate turnover, taxable supplies, e-commerce model, interstate activity and other compulsory-registration provisions.
Income Tax
The company is a separate taxpayer and must file its own return. Tax regime, deductions, losses, depreciation, related-party payments and TDS should be reviewed from the first year.
Accounting and Audit
Books should be maintained from the first transaction, and a statutory audit is ordinarily required even where the company has no turnover. Delayed bookkeeping often causes mismatch between bank records, GST, TDS, ROC filings and financial statements.
Is Startup India Registration Included in Company Incorporation?
No. Incorporation and DPIIT Startup recognition are separate processes. A newly incorporated company does not automatically become a recognised startup.
After incorporation, an eligible entity may separately evaluate Startup India recognition based on the prevailing age, turnover, innovation and other conditions. Recognition also does not automatically grant every tax exemption or funding benefit; each benefit has its own conditions and application process.
Should the Brand Be Registered as a Trademark?
Company-name approval protects the legal name within the MCA framework but does not replace trademark registration. Before investing in a website, packaging, advertising and social-media promotion, founders should consider:
- Trademark search
- Word mark versus logo filing
- Appropriate trademark classes
- Ownership by founder or company
- Assignment of pre-incorporation brand/IP to the company
- Domain and social-media consistency
If a founder owns the brand personally but the company uses it, the ownership or licence arrangement should be documented.
Founder Agreements and Shareholders’ Agreement
The incorporation forms do not resolve every founder issue. A founders’ or shareholders’ agreement may address:
- Roles and time commitment
- Salary and reimbursement
- Equity ownership and vesting
- Further capital contributions
- Decision-making and reserved matters
- Intellectual-property ownership
- Confidentiality and non-solicitation
- Transfer restrictions
- Founder exit or death
- Deadlock resolution
- Fundraising and dilution
Where terms affect the company’s internal governance, the Articles should also be aligned to the extent legally appropriate. A private agreement that conflicts with the Companies Act or registered Articles may not deliver the intended result.
Common Mistakes While Starting a Company
Choosing the Wrong Structure
Founders sometimes incorporate a company when an LLP would be adequate, or choose a proprietorship despite planned investment and liability exposure.
Filing in the Wrong Owner’s Name
Brand, domain, contracts or technology may remain in a founder’s personal name while business is conducted through the company.
Selecting a Weak or Conflicting Name
MCA name availability and trademark availability should both be considered.
Copying Business Objects
Generic or unrelated objects can create resubmission and later licensing or banking issues.
Casual 50:50 Shareholding
Equal ownership without a deadlock mechanism can paralyse major decisions if founders disagree.
Using an Address Without Proper Documents
An informal permission from a friend or landlord may not be sufficient for incorporation, GST or later verification.
Treating Incorporation as the Final Step
Missing INC-20A, first auditor, Board meeting, share certificates or annual filings can result in penalties and operational problems.
Mixing Personal and Company Money
Company funds should be received and spent through the company’s bank and books, supported by contracts, invoices or approvals.
Ignoring FEMA in Foreign Investment
An NRI or foreign shareholder can trigger pricing, reporting, sectoral and banking requirements beyond ordinary company incorporation.
Selecting the Lowest Quote Without Reviewing Scope
Founders should ask whether post-incorporation work, stamp duty, DSC and compliance setup are included.
How to Start a Company in Gurgaon or Gurugram
The legal incorporation process is national and online, but Gurgaon founders should plan local operations carefully.
Registered Office in Gurgaon
The address can be owned, rented, residential or co-working, subject to acceptable documents and lawful use. Offices around Sector 53, Sector 54, Golf Course Road, Cyber City, Udyog Vihar, Sohna Road and other Gurugram business areas are commonly used by startups and service companies.
Local and Sectoral Registrations
Depending on the activity, the business may need GST, Haryana Shops and Commercial Establishments compliance, labour registrations, trade licences, FSSAI, pollution approval or another sector-specific registration.
Startup and Technology Businesses
Gurgaon has a large base of technology, consulting, digital marketing, e-commerce, logistics and professional-service businesses. Such founders should review:
- SaaS and software agreements
- Data and privacy obligations
- GST place-of-supply rules
- Export and foreign-remittance compliance
- Employee and contractor documentation
- Trademark and IP ownership
- ESOP or investment readiness
Online Incorporation Support
Physical visits are usually not required for routine incorporation. Documents, name choices, objects, shareholding and digital-signature steps can be coordinated online, with in-person consultation available where required.
When Should You Consult a Chartered Accountant?
A Chartered Accountant can help founders evaluate:
- Company versus LLP or proprietorship
- Shareholding and initial capital
- Incorporation documents and certification
- Tax structure and remuneration
- GST and TDS applicability
- Accounting system
- First auditor and commencement compliance
- Annual ROC and income-tax filings
- Startup, Udyam and other registrations
- Funding and due-diligence readiness
The most useful time to obtain advice is before finalising ownership and incorporation, not after an unsuitable structure has already been created.
Frequently Asked Questions
How many people are required to start a private limited company?
A private limited company requires at least two members and two directors. The same individuals may generally be both members and directors, subject to eligibility and law.
Can one person start a company?
Yes. An eligible individual may consider a One Person Company, which has one member, a nominee and at least one director. An OPC still follows company-level accounting, audit and ROC requirements, subject to available relaxations.
Is there a minimum capital requirement?
There is no general statutory minimum paid-up capital for an ordinary private company. Practical authorised and subscribed capital should be selected based on ownership, funding, stamp duty and business needs.
Can a private company be registered at a home address?
Yes, where the company has lawful use of the premises and acceptable registered-office documents. Local, lease, society and business-activity restrictions should also be checked.
Can I use a co-working address in Gurgaon?
A co-working address may be used when the provider supplies an acceptable agreement, NOC and supporting address documents. The documentation should also be suitable for GST or other registrations if those will use the same premises.
Is GST registration compulsory for every new company?
No. GST applicability depends on turnover, nature of supply, business model and specific compulsory-registration provisions. It is separate from MCA incorporation.
Is statutory audit required if there is no business?
A company must ordinarily have its financial statements audited even if turnover is nil. It must also complete applicable ROC and income-tax filings.
How long does company registration take?
A straightforward application may be processed within several working days after documents, DSC and name information are complete. MCA scrutiny, resubmission and portal conditions can extend the timeline.
Do directors need DIN before incorporation?
An existing director may already have DIN. Eligible proposed first directors can apply for DIN through the integrated incorporation form, subject to prevailing limits and requirements.
Is PAN issued with company registration?
Yes. PAN and TAN allotment are integrated with the SPICe+ company-incorporation process.
What is SPICe+?
SPICe+ is the MCA integrated web form for name reservation and incorporation of new companies. Together with linked forms, it facilitates DIN, PAN, TAN, EPFO, ESIC, GST where applied for, and bank-account application, among other services.
Is the government incorporation fee zero?
The Government has announced zero incorporation fee for companies with authorised capital up to ₹15 lakh or up to 20 members where no share capital is applicable. Stamp duty, name fee, DSC, professional charges and other expenses may still apply.
What is INC-20A?
INC-20A is the prescribed commencement declaration filed by a covered company with share capital after subscribers pay the value of the shares agreed to be taken. It is generally required within 180 days of incorporation under Section 10A.
When must the first auditor be appointed?
For a non-Government company, the Board should appoint the first auditor within 30 days from registration. If it fails, the statutory process for appointment by members applies.
When must share certificates be issued?
Share certificates to subscribers should ordinarily be delivered within two months from incorporation, subject to receipt of subscription money and applicable execution and stamp requirements.
Can an NRI or foreign national start an Indian company?
Yes, subject to company law, documentation, FEMA, sectoral rules, beneficial ownership and foreign-investment conditions. Overseas documents may require notarisation or apostille.
Does registering a company protect its brand?
No. MCA name approval and trademark registration are separate. A separate trademark search and application should be considered for a valuable brand.
Can I start business immediately after receiving the incorporation certificate?
A company with share capital covered by Section 10A should not commence business or exercise borrowing powers until the statutory commencement conditions are satisfied, including subscriber payment and filing of the prescribed declaration.
What annual filings does a private company have?
A private company ordinarily needs audited financial statements, income-tax return, financial-statement filing with ROC, annual return and other event or periodic forms applicable to its transactions and status.
What is the difference between a startup and a private limited company?
A private limited company is a legal structure under the Companies Act. Startup recognition is a separate status granted under the Startup India framework to eligible entities. Every private company is not automatically a recognised startup.
Conclusion
Starting a company successfully requires two sets of decisions: how the company will be incorporated and how it will operate after incorporation. The founders, ownership, objects, capital and registered office should be clear before filing. After registration, subscription money, INC-20A, Board proceedings, auditor appointment, share certificates, accounting and tax controls should be completed on time.
A properly planned company provides a strong structure for contracts, employees, funding and business growth. A poorly planned company can create recurring compliance cost, founder disputes and ownership problems.
Need Help Starting a Company in Gurgaon?
CA Hemant Garg provides company-incorporation and post-registration compliance support for entrepreneurs, startups, consultants, e-commerce sellers and businesses in Gurgaon and Gurugram.
CA Hemant Garg
HGMR & Associates, Chartered Accountants
3rd Floor, Innov8, Orchid Centre, near Sector 54 Chowk Metro Station, Sector 53, Gurugram, Haryana 122011
Call or WhatsApp: +91 83688 37889
Email: cahemantgarg@gmail.com
Website: https://hemantgarg.in/
You focus on your business, we will manage your compliance.