IncorporationROCIndia
AMLEGALS / Services / Incorporation
Incorporation · ROC

Company incorporation and post registration compliance

Private limited company, one person company, LLP, section 8 company and foreign company registration with DIN, DSC, name approval and post incorporation compliance.

Counsel that connects the technical, the commercial, and the legal, across ten offices in India.
Companies Act
2013
MCA
SPICe+ Portal
LLP
Act 2008
10
Offices
01

Entity types and selection

  • Private limited company: minimum 2 directors, 2 shareholders, INR 1 lakh minimum capital (no mandatory paid up capital post 2015 amendment).
  • One Person Company (OPC): single shareholder, nominee director, annual turnover limit INR 2 crore.
  • Limited Liability Partnership (LLP): minimum 2 partners, no mandatory capital contribution, DPIN requirement.
  • Section 8 company (non profit): licence from Central Government, objects of charitable nature.
02

Incorporation process

  • SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus): integrated form for name, incorporation, PAN, TAN, GST, EPFO, ESIC and bank account.
  • DIN (Director Identification Number) and DSC (Digital Signature Certificate) for all directors.
  • MOA (Memorandum of Association) and AOA (Articles of Association) drafting.
  • Registered office address proof, subscriber details and consent forms.
03

Post incorporation compliance

  • First board meeting within 30 days, statutory registers and minute books.
  • Share certificate issuance within 60 days.
  • Statutory auditor appointment at first AGM, first annual return and financial statement filing.
  • GST registration, professional tax, Shops and Establishment and other state registrations.
04

How AMLEGALS assists

  • Entity selection advisory based on business model, ownership and tax implications.
  • End to end incorporation management through SPICe+ and state registrations.
  • Post incorporation compliance setup and annual compliance calendar.
  • Foreign company branch, liaison and project office registration.
Answers

What clients ask before they commit.

Short, direct, on the record.

01How long does company incorporation take in India?

Through the SPICe+ portal, incorporation can be completed in 5 to 7 working days for a straightforward case with no name objection. Complex cases involving RBI approval (foreign investment), ROC queries or name availability issues can take 2 to 4 weeks.

02What is the minimum capital required for a private limited company?

There is no statutory minimum paid up capital requirement after the 2015 amendment to the Companies Act. The earlier INR 1 lakh minimum has been removed. However, the authorised capital determines the ROC filing fee, and adequate capitalisation is recommended for commercial credibility.

03Can a foreigner incorporate a company in India?

Yes. A foreign national can be a shareholder and director of an Indian company. At least one director must be resident in India (stayed in India for 182 days or more in the previous calendar year). FEMA and RBI pricing norms apply to foreign investment in the Indian company.

04What is the difference between a private limited company and an LLP?

A private limited company has separate legal identity, limited liability, can issue equity and is governed by the Companies Act. An LLP has limited liability and separate legal identity but cannot issue equity to external investors (no shares), is governed by the LLP Act 2008, and has simpler compliance requirements. LLPs are preferred for professional firms and closely held businesses.

Engage AMLEGALS

Discuss company incorporation or entity structuring

Share the business model, ownership and the entity type under consideration for a preliminary assessment.

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