Documents Required for Company Formation

What are Documents Required for Company Formation in India?

Introduction

Starting a company in India involves legal documentation, verification, and compliance with the Ministry of Corporate Affairs (MCA). Whether you’re launching a Private Limited Company, LLP, or a subsidiary of a foreign entity, having the right documents is essential. This guide explains the required documents in simple terms; with real-world examples and government-verified references.

 

Summary

  • Company formation in India requires legal documentation under the Companies Act, 2013.
  • Key documents include identity/address proof, registered office proof, DSC, DIN, MOA, AOA, and INC-9.
  • Foreign nationals must submit notarized and apostilled documents based on MCA guidelines.
  • The SPICe+ form simplifies digital submission of all required documents online via MCA.
  • Common errors like inconsistent addresses or outdated proofs can delay approval.
  • Accurate documentation ensures quicker registration, legal compliance, and access to business benefits.

What is Company Formation in India?

Company formation means registering a business entity under the Companies Act, 2013 via the MCA. It grants legal status and lets you operate within Indian law.

This process includes:

  • Choosing a business structure (Private Limited, LLP, OPC, etc.)
  • Submitting required documents (KYC and business-related)
  • Receiving the Certificate of Incorporation from MCA

Why are Documents Required for Company Registration?

Documents help the Registrar of Companies (RoC) confirm:

  • Identity and address of promoters
  • Registered office address
  • Nature and purpose of the business
  • Governing documents of the company

What Documents Are Required for Company Formation in India?

1. Identity & Address Proof – Directors & Shareholders

  • PAN Card
  • Passport
  • Aadhaar / Voter ID / Driving License
  • Bank Statement / Utility Bill

2. Registered Office Proof

  • Recent utility bill (electricity/water/gas/telephone)
  • Rent or lease deed (if premises rented)
  • No Objection Certificate (NOC) from property owner

3. Other Mandatory Documents

  • Digital Signature Certificate (DSC) for all directors
  • Director Identification Number (DIN)
  • Memorandum of Association (MOA)
  • Articles of Association (AOA)
  • INC-9 Declaration (submitted via SPICe+; aligns with MCA Form INC‑9)

Note:

  • All documents must be self-attested.
  • For foreign nationals, documents must be notarized and apostilled, as required.
  • Refer to MCA’s guidelines for country-wise apostille requirements.

Expert services to register your company in India, handling structure, legalities, approvals, and compliance swiftly!

How to Submit These Documents?

Step-by-Step Company Incorporation Process;

  • Choose business structure – Pvt Ltd, LLP, OPC, or subsidiary.
  • Apply for DSC – needed for secure digital signing.
  • Apply for DIN – via SPICe+ during registration.
  • Reserve company name – file SPICe+ Part A online.
  • Draft MOA & AOA – define objectives and internal governance.
  • File SPICe+ Part B – attach ID, address proofs, office proof, MOA, AOA, INC-9, etc.
  • Pay MCA fees & stamp duty – varies by state and share capital.
  • Get Certificate of Incorporation – your legal registration is complete.

Common Documentation Challenges

  • Inconsistent addresses across documents
  • Expired or unclear proofs
  • Foreign documents lacking proper notarization/apostille
  • Incorrectly drafted MOA or AOA

Benefits of Accurate Documentation

  • Faster incorporation
  • Fewer re-submissions to MCA
  • Legal compliance from day one
  • Access to schemes like Startup India, MSME benefits, GST registration

Real-Life Example

A US entrepreneur faced a 2 week delay because the notarized address proof lacked an apostille. With full, correct documentation, approval came in 7 working days. If you’re a foreign entity, see our Subsidiary Company Registration in India service.

How Ebizfiling Supports You

We offer end-to-end support for:

  • Startups and founders
  • Foreign nationals
  • LLPs converting to Pvt Ltd

Conclusion

Accurate documentation is the foundation of successful company registration in India. Whether Indian or foreign, correct documents ensure timely incorporation and compliance. Always refer to the MCA website for up-to-date information and consult professionals when needed.

Suggested Read :

Taxation for Pvt Ltd Company

Necessity of Physical Office for Company Registration

Employee Structure of a Pvt Ltd Company

Checklist for Pvt Ltd Company Compliance

Advantages and disadvantages of Pvt Ltd Company

FAQ

Can a single person form a company in India?

Yes, a single individual can incorporate a One Person Company (OPC) under the Companies Act, 2013.


Are scanned copies of documents acceptable during incorporation?

Yes, but they must be clear, legible, self-attested, and submitted as per MCA-prescribed formats.


What if the director and shareholder are the same person?

It is allowed. The same individual can act as both director and shareholder in Private Limited or OPC structures.


Do foreign companies need to submit business plans during incorporation?

While not mandatory, a business plan or board resolution is often required for clarity and RBI/FEMA compliance in foreign subsidiary cases.


What is the role of a Digital Signature Certificate (DSC)?

DSC is used to digitally sign incorporation forms and documents filed with the MCA.


Is there a format for the No Objection Certificate (NOC) for office premises?

Yes, the NOC must be a signed declaration by the property owner allowing the business to use the premises as its registered office.


Can utility bills in regional languages be submitted?

Yes, but if the language is not Hindi or English, a certified translation may be required.


How many identity and address proofs are required per director/shareholder?

Typically, one valid identity proof and one recent address proof per individual are required.


Can I use a co-working space as a registered office address?

Yes, if you have valid proof of address, rental agreement, and a NOC from the space provider.


What happens if submitted documents have minor discrepancies?

MCA may raise a resubmission request. It’s important to respond promptly and correct discrepancies to avoid rejection.

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Ishita Ramani is a young woman entrepreneur and currently the Operations Director at Ebizfiling India Private Limited. In her entire career so far, she has led a team of 50+ professionals like CA, CS, MBAs and retired bankers. Apart from her individual experience on almost every facet of Indian Statutory Compliances, she has been instrumental in setting up operations at Ebizfiling.com! Read about her journey at- https://www.greatcompanies.in/post/ishita-ramani-operation-director-at-ebizfiling-india-pvt-ltd

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