Registration Procedure

With the advent of Govt. Policy on Ease of Doing Business in India, the process of Company formation has been made hassle free and completely electronic, a new integrated web form “SPICEs” for incorporation of the Companies has been introduced by the Ministry of Corporate Affairs. 

Detailed process of Registration of a Private Limited Company is Listed below:

Step 1: Name Approval: The first and the foremost step in Registering a Private Limited Company in India is reservation of name by filing SPICe+ Part A. The company is required to provide two names in order of preference. The names shall be supported with a rationale and objectives of the company to be pursued upon incorporation.

Step 2: Obtaining DSC and DIN: A Digital Signature Certificate (DSC) is mandatory for all the persons who intend to become a Director or Subscribers of the proposed Company.

Director Identification Number (DIN): it is mandatory for every Director to obtain DIN before being appointed as Director. The SPICE + form provides an option to apply for maximum 3 DIN.

Step 3: Preparation of Documents

The following documents are required registration of a Private Limited Company

  1. a) Memorandum of Association; 
  2. b) Articles of Association; 
  3. c) Declaration by the first director(s) and subscriber(s) (Affidavit not required); 
  4. d) Proof of office address (Conveyance/Lease deed/Rent Agreement along with rent receipts); 
  5. e) Copy of utility bills not older than two months; 
  6. f) NOC for use premises for registered office of proposed Company from owner and person whose name mentioned in utility bill; 
  7. g) Copy of certificate of incorporation of foreign body corporate (if any);
  8. h) A resolution passed by promoter company and Certificate of Incorporation (Applicable if name a body corporate is promoter);
  9. i) The interest of first director(s) in other entities; 
  10. k) Proof of identity as well as the residential address of subscribers; 
  11. l) Proof of identity as well as residential address of the Directors; 

In case of Foreign Nationals, the aforesaid Documents are required to be attested depending on the Country in which registered office (in case of body corporate as a subscriber) /residence of the overseas subscriber and / or director is situated. The documents are required to be attested as follows:

Belonging to a Country that is a party to the Hague Apostille Convention (1961) - The  documents shall  be Apostille by a competent authority of the country where the document originates shall be notarized before the Notary (Public) of such country.

Belonging to a Country that is a participant of the Commonwealth of Nations – The  documents shall  be notarized by a Notary (Public) in that part of the Commonwealth.

Belonging to a country outside the Commonwealth and which is not a party to the Hague Apostille  Convention (1961) - shall be notarized before the Notary (Public) of such country and the certificate of the Notary (Public) shall be authenticated by a Diplomatic or Consular Officer empowered in this behalf under Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (40 of 1948) or, where there is no such officer by any of the officials mentioned in Section 6 of the Commissioners of Oaths Act, 1889 (52 and 53 Vic.C.10), or in any Act amending the same;

Step 4: Filling of Application for Registration: the Application for registration of a company shall be made in SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32) along with e-Memorandum of Association (e-MOA) in Form No. INC-33 and e-Articles of association (e-AOA) in Form no. INC-34. 

The application shall be accompanied by form AGILE-PRO-S (INC-35) containing an application for registration of the following numbers, namely:-

 (a) GSTIN 

(b) EPFO 

(c) ESIC 

(d) Profession Tax Registration 

(e) Opening of Bank Account 

(f) Shops and Establishment Registration.

Services offered through SPICe+ are: Name Reservation, Incorporation, DIN allotment, Mandatory issue of PAN, Mandatory issue of TAN, Mandatory issue of EPFO registration, Mandatory issue of ESIC registration, Mandatory issue of Profession Tax registration (Maharashtra, Karnataka & West Bengal), Mandatory Opening of Bank Account for the Company and Allotment of GSTIN (if so applied for), Shops and Establishment Registration (for new companies incorporated in the State of Delhi only). 

Step 5: Obtaining “Certificate of Incorporation” from Registrar of Companies: The Certificate of Incorporation of a company shall be issued by the Registrar along with CIN, PAN & TAN.