
1. Introduction
Registering a business as a Private/Public Company, Limited Liability Partnership (LLP), or One Person Company (OPC) formalizes its legal existence. Registration is managed by the Ministry of Corporate Affairs (MCA) through the MCA21 portal. It provides limited liability, access to funding, and credibility with stakeholders.
2. Eligibility Criteria of MCA21 Company Registration in India
- Any individual, partnership firm, or existing company can form an SPC, OPC, Private/Public Company, or LLP
- Minimum directors:
- OPC: 1 director
- Private Company: β₯2 directors
- Public Company: β₯3 directors (at least 1 director must be an Indian resident)
- LLP: β₯2 partners (at least 1 partner must be a resident in India)
- No turnover threshold; applicable to any size of business
- Foreign nationals may form companies/LLPs provided they comply with FDI rules
3. Benefits of Registration
βοΈ Limited liability protection for directors/partners
βοΈ Legally recognised entity eligible for loans, investments, and contracts
βοΈ Separate legal identity β easier to exit and transfer ownership
βοΈ Enhanced credibility with banks, vendors, and clients
βοΈ Easy route to raise funds via share issuance or partnersβ capital
4. Documents Required for Registration
- Director/Partner Identity Proof β PAN, Aadhaar, Passport, Voter ID, or Driving License
- Address Proof β Passport, utility bill (not older than 2 months), bank statement
- Registered Office Proof β Rental agreement + NOC/ownership deed
- Digital Signature Certificates (DSC) for directors
- Passport-sized Photos of directors/partners
- Director Identification Number (DIN) β Required before or during incorporation
- Valid Email Address and Mobile Number for OTP communication
5. MCA21 Portal Details
Portal Name | Website Address |
---|---|
MCA21 | https://www.mca.gov.in/mcafoportal/viewUserLogin.do |
π Navigate through Services β Company Forms β RUN (Reserve Unique Name), then SPICe+ (INC-32).
6. Step-by-Step Registration Process
Step | Action Description | Platform |
---|---|---|
1 | Apply for DSC via CCA empanelled Vendors | Offline/Online |
2 | Obtain DIN using SPICe+ or DIR-3 | MCA21 |
3 | Reserve Company/LLP name through RUN (choose 2β3 names) | MCA21 |
4 | Fill SPICe+ (INCβ32) including MOA/AOA details, shareholders, capital, etc. | MCA21 β Attachments |
5 | Attach DIN, identity, address proofs, NOC, DSCs, PAN and Aadhar | MCA21 |
6 | Pay stamp duty and filing fees per state | MCA21 (integrated) |
7 | Digitally sign via DSC by Directors/Partners | MCA21 |
8 | MCA issues Certificate of Incorporation, PAN & TAN within 3β7 working days | Via MCA21/email |
7. Post-Registration Compliances
- Open Bank Account using Incorporation Certificate and PAN (Mandatory β High Priority)
- Issue Share Certificates to subscribers (Private/Public Company only) (Mandatory β Medium Priority)
- File DIRβ3 KYC annually for all directors (Mandatory β High Priority)
- File AOCβ4 & MGTβ7 (annual returns/financials) (Mandatory β Medium Priority)
- Maintain Statutory Registers β directors, shareholders, charges (Mandatory β Medium Priority)
- Hold Board/General Meetings within stipulated timelines (Mandatory β Medium Priority)
- Apply for GST, TAN, PF, ESIC, Import-Export License as applicable (Mandatory β Medium Priority)
- Get Books Audited if turnover exceeds βΉ1β―cr/βΉ2β―cr (as per AOCβ4 requirement) (Mandatory β Medium Priority)
8. Common Issues & Fixes
- RUN Name Rejection β Choose unique and compliant company names
- DIN Discrepancies β Keep name/date of birth consistent with Aadhaar/PAN
- Digital Signature Errors β Ensure DSC validity and proper DSC token
- State Stamp Duty Mismatch β Validate director address state/per state rules
- Delayed KYC Submission β File DIR-3 within due date to avoid fines
9. Summary Table
Step | Platform | Timeline |
---|---|---|
DSC | Certified vendor | 1β2 days |
DIN Allocation | MCA21 | 1β2 days |
Name Reservation | RUN | 1 day |
SPICe+ Submission | MCA21 | Same day |
Certificate Issuance | MCA21 | 3β7 working days |
Post-Incorporation Compliance | Bank, MCA21 | Ongoing |
10. Internal and External Links
Registering on MCA21 facilitates integrating your business with GST and PAN systems. For guidance on related tax topics, explore our articles on GST Registration and PAN Card application.
Visit the official MCA21 portal to begin.
11. Frequently Asked Questions (FAQs)
Whatβs the difference between OPC and Private Limited Company?
- OPC has only one director/shareholder; Private requires at least two.
Is DIN mandatory before incorporation?
- No, you can generate DIN during SPICe+ submission.
When should DIR-3 KYC be filed?
- Every year, by September 30; fee βΉ5,000/late year non-filing.
Can non-residents form companies in India?
- Yes, subject to FDI regulations; ensure DSC addresses.
What if PAN/TAN is not issued post-incorporation?
- Contact MCA support or re-upload required forms.
When is AOC-4 & MGT-7 due?
- AOCβ4 within 30 days of AGM; MGTβ7 within 60 days of AGM.
Do companies need GST/TAN automatically after incorporation?
- Not automatically; file separately via respective portals.
Can DSC be used for other registrations?
- Yes, DSC is accepted across PAN, GST, DGFT, etc.
Does MCA21 support LLP registration?
- Yes, through SPICe+ but with LLP-specific sections.
How long is Certificate valid?
- Indefinitely, unless company is struck off/cancelled.
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