Company Registration
Guidance from choosing the right business structure through to incorporation — covering Private Limited Companies, LLPs, One-Person Companies, and Section 8 not-for-profit entities.
What This Service Covers
The choice of business structure — whether a Private Limited Company, a Limited Liability Partnership (LLP), a One-Person Company (OPC), or a Section 8 not-for-profit company — carries significant implications for ownership, liability, taxation, compliance obligations, and the ability to raise capital. Shivbhavan & Associates guides clients through the registration process from the selection of the appropriate structure through to the issuance of the Certificate of Incorporation, taking into account the specific requirements of the proposed business and its promoters.
All incorporation work is carried out in accordance with the Companies Act, 2013, the LLP Act, 2008, and the applicable Ministry of Corporate Affairs (MCA) forms and procedures, including the integrated SPICe+ form process for company incorporation.
The integrated MCA form used for name reservation, incorporation, PAN, TAN, and related registrations in a single application.
Getting the Structure Right, From the Start
The business structure chosen at incorporation shapes ownership rights, personal liability exposure, tax treatment, and the ongoing compliance burden for the life of the entity. Correcting a poorly chosen structure later — for example, converting a proprietorship into a private limited company, or an LLP into a company — is possible but involves its own procedural requirements, cost, and time under the Companies Act and LLP Act.
This information is provided for general awareness. The most suitable structure for a specific business depends on individual circumstances and should be confirmed directly with the firm.
Who This Typically Applies To
- Founders starting a new business who need to select an appropriate legal structure
- Professionals and consultants forming an LLP for liability protection
- Solo entrepreneurs considering a One-Person Company structure
- Groups setting up a not-for-profit or charitable entity under Section 8
- Existing proprietorships or partnerships converting to a company or LLP
- Promoters raising external investment, which typically requires a private limited structure
Common Filing Scenarios
Raising External Investment
Businesses planning to raise equity investment from investors typically require a Private Limited Company structure, since most institutional and angel investors are structured to invest only in that form of entity.
LLPs for Liability Protection
Professionals such as consultants and service providers often choose an LLP structure to limit personal liability while retaining flexibility in profit-sharing and management, without the more extensive compliance obligations of a company.
One-Person Company Structure
A single promoter who wants limited liability protection without bringing in additional shareholders may consider an OPC structure, which carries its own specific conditions and eventual conversion requirements as the business grows.
Section 8 Company Formation
Organisations formed for charitable, educational, or similar not-for-profit objects can register as a Section 8 Company, which carries specific restrictions on profit distribution and requires a licence from the Registrar.
What's Included, By Entity Type
Private Limited Company Incorporation
Name reservation via RUN/SPICe+, DIN and DSC procurement, MOA and AOA drafting, PAN and TAN application, culminating in the issuance of the Certificate of Incorporation.
- Name availability checked and reserved with the Registrar
- Digital Signature Certificates procured for all proposed directors
- Memorandum and Articles of Association drafted
- PAN, TAN, and Certificate of Incorporation obtained together
LLP Formation
Filing of the FiLLiP form, drafting of the LLP Agreement, procurement of Partner DIN, and registration of the LLP Agreement with the Registrar of Companies.
- Partner details and contribution structure finalised
- LLP Agreement drafted covering profit-sharing and management
- FiLLiP form filed for incorporation
- LLP Agreement registered within the prescribed timeline
One-Person Company (OPC)
Incorporation of an OPC under Section 2(62) of the Companies Act, 2013, including nomination of a nominee director and drafting of the Memorandum and Articles of Association.
- Sole member and nominee eligibility confirmed
- Nominee consent obtained and documented
- MOA and AOA drafted reflecting OPC-specific provisions
- Conversion triggers to a private company monitored
Section 8 Company
Licence application under Section 8 for not-for-profit objects, along with documentation supporting the charitable or educational purpose and incorporation filing.
- Charitable or not-for-profit objects clearly documented
- Section 8 licence application filed with the Registrar
- MOA and AOA drafted reflecting non-profit restrictions
- Incorporation completed following licence approval
Post-Incorporation Compliance
Director KYC compliance, opening of the company bank account, filing of the commencement of business declaration under Section 10A, and setting up initial statutory registers.
- Bank account opened in the entity's name
- Commencement of business declaration (INC-20A) filed
- Initial statutory registers and records set up
- Director KYC compliance confirmed for all directors
Structure Conversion
Advisory and filing support for converting an existing proprietorship, partnership, or LLP into a private limited company, or converting between other permitted structures under applicable provisions.
- Eligibility and procedural requirements for conversion assessed
- Existing liabilities and contracts reviewed for transferability
- Conversion application filed with the Registrar
- Post-conversion compliance obligations identified
Name reservation via RUN/SPICe+, DIN and DSC procurement, MOA and AOA drafting, PAN and TAN application, culminating in the issuance of the Certificate of Incorporation.
- Name availability checked and reserved with the Registrar
- PAN, TAN, and Certificate of Incorporation obtained together
Filing of the FiLLiP form, drafting of the LLP Agreement, procurement of Partner DIN, and registration of the LLP Agreement with the Registrar of Companies.
- LLP Agreement drafted covering profit-sharing and management
- LLP Agreement registered within the prescribed timeline
Incorporation of an OPC under Section 2(62) of the Companies Act, 2013, including nomination of a nominee director and drafting of the Memorandum and Articles of Association.
- Sole member and nominee eligibility confirmed
- Conversion triggers to a private company monitored
Licence application under Section 8 for not-for-profit objects, along with documentation supporting the charitable or educational purpose and incorporation filing.
- Charitable or not-for-profit objects clearly documented
- Incorporation completed following licence approval
Director KYC compliance, opening of the company bank account, filing of the commencement of business declaration under Section 10A, and setting up initial statutory registers.
- Commencement of business declaration (INC-20A) filed
- Director KYC compliance confirmed for all directors
Advisory and filing support for converting an existing proprietorship, partnership, or LLP into a private limited company, or converting between other permitted structures under applicable provisions.
- Eligibility and procedural requirements for conversion assessed
- Conversion application filed with the Registrar
The Filing Process
Submit Enquiry
Share your requirement through the website or by phone. The firm reviews it and responds during office hours with next steps.
Document Collection
Relevant documents are collected based on your entity type and income sources, following the checklist confirmed for your specific situation.
Computation & Review
Income is computed under every applicable head, with eligible deductions and exemptions applied before the return is finalised for your review.
Filing & Confirmation
The return is filed within the statutory due date, and the filing acknowledgment along with the computation summary is shared with you.
Verified. Processed. Resolved.
Every filed return moves through e-verification, departmental processing, and — where applicable — refund or query resolution.
After Incorporation
Once the Certificate of Incorporation is issued, the entity must complete a set of immediate post-incorporation steps, including opening a bank account in the company's name, appointing a statutory auditor within 30 days for companies, and filing the commencement of business declaration under Section 10A before commencing operations or borrowing.
From this point forward, the entity carries ongoing compliance obligations — annual filings, statutory registers, and board meeting requirements — that continue for the life of the entity and are separate from, though related to, the one-time incorporation process described above.
Documents You'll Need
Document requirements vary depending on the structure chosen and the number of promoters involved, but the checklist below covers what's typically required. Click each item as you gather it — the tracker above updates as you go. This is a preparation aid only; submitting an enquiry will confirm the exact list applicable to your specific situation before any engagement begins.
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Frequently Asked Questions
How long does company incorporation typically take?
Processing timelines depend on the Registrar's workload and whether the application requires further clarification, but the integrated SPICe+ process is generally designed to complete name reservation, incorporation, and related registrations within a few working days of a complete application.
What is the minimum number of people required to form a company?
A Private Limited Company requires a minimum of two shareholders and two directors, while a One-Person Company requires only a single member with a nominated nominee.
Is a registered office address required at the time of incorporation?
Yes, a registered office address with supporting proof is required either at the time of incorporation or within 30 days of incorporation, depending on the structure chosen.
Can a company be incorporated with a residential address as its registered office?
Yes, a residential address can generally be used as a registered office, subject to providing the required proof of address and a no-objection certificate from the owner, if the promoter is not the owner.
What happens if the proposed company name is not available?
The Registrar's name reservation system checks for similarity with existing companies and trademarks; if the proposed name is rejected, an alternative name must be proposed and resubmitted.
Is a minimum capital requirement applicable for company incorporation?
There is no statutory minimum paid-up capital requirement for incorporating a Private Limited Company under current provisions, though a nominal capital structure is typically specified in the incorporation documents.
What is the difference between authorised and paid-up capital?
Authorised capital is the maximum capital a company is permitted to raise as specified in its Memorandum of Association, while paid-up capital is the actual amount subscribed and paid by shareholders at a given point in time.
Can a foreign national or NRI be a director or shareholder?
Yes, subject to compliance with applicable FEMA provisions and at least one director on the board being a person who has stayed in India for the prescribed minimum period in the previous calendar year.
Have a Query About Company Registration?
Submit an enquiry and the firm will respond during office hours. Engaging the firm for this service begins with a formal engagement following your enquiry.