🏒 MCA Registration in India: Incorporating a Company or LLP via MCA21


MCA21 company registration

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

βœ”οΈ Limited liability protection for directors/partners
βœ”οΈ Legally recognised entity eligible for loans, investments, and contracts
βœ”οΈ Separate legal identity – easier to exit and transfer ownership
βœ”οΈ Enhanced credibility with banks, vendors, and clients
βœ”οΈ Easy route to raise funds via share issuance or partners’ capital


4. Documents Required for Registration

  1. Director/Partner Identity Proof – PAN, Aadhaar, Passport, Voter ID, or Driving License
  2. Address Proof – Passport, utility bill (not older than 2 months), bank statement
  3. Registered Office Proof – Rental agreement + NOC/ownership deed
  4. Digital Signature Certificates (DSC) for directors
  5. Passport-sized Photos of directors/partners
  6. Director Identification Number (DIN) – Required before or during incorporation
  7. Valid Email Address and Mobile Number for OTP communication

5. MCA21 Portal Details

Portal NameWebsite Address
MCA21https://www.mca.gov.in/mcafoportal/viewUserLogin.do

πŸ“Œ Navigate through Services β†’ Company Forms β†’ RUN (Reserve Unique Name), then SPICe+ (INC-32).


6. Step-by-Step Registration Process

StepAction DescriptionPlatform
1Apply for DSC via CCA empanelled VendorsOffline/Online
2Obtain DIN using SPICe+ or DIR-3MCA21
3Reserve Company/LLP name through RUN (choose 2–3 names)MCA21
4Fill SPICe+ (INC‑32) including MOA/AOA details, shareholders, capital, etc.MCA21 β†’ Attachments
5Attach DIN, identity, address proofs, NOC, DSCs, PAN and AadharMCA21
6Pay stamp duty and filing fees per stateMCA21 (integrated)
7Digitally sign via DSC by Directors/PartnersMCA21
8MCA issues Certificate of Incorporation, PAN & TAN within 3–7 working daysVia MCA21/email

7. Post-Registration Compliances

  1. Open Bank Account using Incorporation Certificate and PAN (Mandatory – High Priority)
  2. Issue Share Certificates to subscribers (Private/Public Company only) (Mandatory – Medium Priority)
  3. File DIR‑3 KYC annually for all directors (Mandatory – High Priority)
  4. File AOC‑4 & MGT‑7 (annual returns/financials) (Mandatory – Medium Priority)
  5. Maintain Statutory Registers – directors, shareholders, charges (Mandatory – Medium Priority)
  6. Hold Board/General Meetings within stipulated timelines (Mandatory – Medium Priority)
  7. Apply for GST, TAN, PF, ESIC, Import-Export License as applicable (Mandatory – Medium Priority)
  8. Get Books Audited if turnover exceeds β‚Ή1β€―cr/β‚Ή2β€―cr (as per AOC‑4 requirement) (Mandatory – Medium Priority)

8. Common Issues & Fixes

  • RUN Name Rejection – Choose unique and compliant company names
  • DIN Discrepancies – Keep name/date of birth consistent with Aadhaar/PAN
  • Digital Signature Errors – Ensure DSC validity and proper DSC token
  • State Stamp Duty Mismatch – Validate director address state/per state rules
  • Delayed KYC Submission – File DIR-3 within due date to avoid fines

9. Summary Table

StepPlatformTimeline
DSCCertified vendor1–2 days
DIN AllocationMCA211–2 days
Name ReservationRUN1 day
SPICe+ SubmissionMCA21Same day
Certificate IssuanceMCA213–7 working days
Post-Incorporation ComplianceBank, MCA21Ongoing

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)

What’s 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 β‚Ή5,000/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?

  • AOC‑4 within 30 days of AGM; MGT‑7 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.

Media-

How to register on the GST Portal | Part B of New Registration Application on GST Portal |

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