This document provides an overview of company incorporation in India, including: 1) The different categories of companies and their basic requirements, such as a minimum of seven subscribers for a public limited company and two subscribers for a private limited company. 2) The brief procedure for company incorporation, which involves applying for director identification numbers, selecting a company name and type, drafting legal documents, paying fees, and obtaining certificates of incorporation and commencement of business. 3) The list of documents required for incorporation under the SPICe process, including identity proofs, address proofs, and signed forms for directors and shareholders. 4) An explanation of the SPICe+ e-form and name reservation process. Once

1. INCORPORATION OF
COMPANIES

2. Categories of Company
■ Company Categories
■ Public Limited Company
■ Private Limited Company
■ Section 8 Company
■ One person Company
■ Producer Company
■ Types of companies
■ Company limited by Shares
■ Company limited by Guarantee
■ Company with unlimited Liability

3. Basic Requirements
Public Limited Company
■ Minimum seven Subscribers
■ Minimum three Directors
Private Limited Company
■ Minimum two Subscriber
■ Minimum two Directors

4. Brief Procedure for Incorporation of
Companies
■ Apply for Directors Identification Number and Digital Signatures.
■ Selection of type of the company.
■ Selection of name for the proposed company.
■ Drafting of Memorandum and Articles of Association.
■ Stamping, digitally signing and e-filing of various documents with the Registrar.
■ Payment of Fees.
■ Obtaining Certificate of Incorporation.
■ Preparation and filing of Prospectus/Statement in lieu of Prospectus and e-Form 19/20 (in case
of public companies) for obtaining the certificate of commencement of business.
■ Obtaining Certificate of Commencement of business (in case of public limited companies).

5. List of Documents required for
Incorporation of Company under SPICe
process.
■ 1. Documents from Directors and Shareholder
■ A. Identity Proof
■ 1) Permanent Account Number (PAN) Card
■ 2) Aadhaar Card / Passport / Driving License / Voter Identity Card
■ B. Address Proof
■ 1) Telephone Bill / Mobile Bill
■ 2) Electricity Bill / Water Bill
■ 3) Bank Statement /Bank Passbook with latest transaction
■ (Any one of the Document not older than 2 months)
■ C. Passport size Photographs – 3 each

6. ■ 2. Documents to be Signed by DIRECTORS
■ 1) Consent to Act as Director: Form DIR-2
■ 2) Details for DIN
■ 3) Declaration of DIN (If DIN is allotted already)
■ 3. Documents to be Signed by SHAREHOLDERS
■ 1) Application for Digital Signature Certificate (DSC)
■ 2) Affidavit by Subscribers & Director: INC-9
■ 5. Registered Office – Address
■ 1) No-Objection letter from the Owner of Address to use the address ad
Registered office of the Company.
■ 2) Address Proof - In the name of the Owner of Address
■ a. Electricity Bill, Telephone Bill (Fixed Line Only), Gas Bill or Water Bill (Not older
than 2 months); OR
■ b. Tax Paid Receipt or Copy of Registered Sale Deed

7. SPICe+ e-Form
■ Login to MCA portal, click on MCA
services, under that you will find
SPICe+
■ Click on New Application, SPICe +A will
be enabled which contains Type of
company, Class of company, Category,
Main Division of industrial activity.
■ Then put 2 name proposed by the
company in particulars of the proposed
or approved name.
■ Once filled all information attach the
Main Object of the Company in upload.
■ Click on auto-check button to enable
the first level scrutiny of the proposed
name as per rules.
■ On successful completion of Part A
user can click on proceed for
incorporation.
 Main division of industrial activity can
be found/ searched through Help Kit
provided by MCA.

8. Company Name
■ The name of a Private Limited company shall end with the words 'Private Limited' or "Limited".
Proposed Company Name shall comply with the Company Name Availability Guidelines under
Companies Act 2013
■ There are TWO ways for reserving a name for a New Company.
■ a) RUN Name Reservation
■ RUN (Reserve Unique Name) is an easy and web-based application for reservation of a Company
Name. The name approved under RUN Process is valid for a period of 20 days from the date of
approval. Only one name can be submitted for approval under RUN process. If the application is
rejected, the same to be filed again with fresh filing fee.
■ b) Name Reservation along with incorporation
■ The Company name can be reserved through SPICe incorporation process. In case of name
application through SPICe form also, only one name can be submitted for approval. However, if
the first applied name is rejected, the application can be resubmitted 2 more times with alternate
names

9. Preparation and Filing of Company
Incorporation Documents with MCA
■ Company Incorporation Process consists of preparation and filing of the flowing E-
Forms:
■ 1. e-Form INC-32 - Simplified Proforma for Incorporating Company Electronically
(SPICe)
■ 2. e-Form INC-33: e-Memorandum of Association (SPICe MoA)
■ 3. e-Form INC-34: e-Articles of Association (SPICe AoA)
■ All the documents executed / notarised / attested as per documentation requirements
has to be attached to the e-Form INC-32 / 33/ 34 and the e-Forms has to be digitally
signed with the Digital Signature Certificate (DSC) of all the proposed shareholders /
representatives.
■ There is NO Registration Fee payable for filing of e-Form INC-32 for all type of
Companies if the authorised capital is less than or equal to Rs.10 Lakhs at the time of
registration. Howeve

10. Processing of e-Forms by the office of
Central Registrar of Companies:
■ The Central Registration Centre (CRC) processes the application and if found the
details / documents are in order, the Central Registrar of Companies shall register
the Company and issue the following:
■ 1. Company Incorporation Certificate
■ 2. DIN for Directors
■ 3. Permanent Account Number (PAN)
■ 4. Tax Collection and Deduction Number (TAN) to the New Company

11. Effect of Certificate of Incorporation
■ After the incorporation, the company becomes a separate legal entity with
perpetual succession. The certificate of incorporation is a conclusive proof of the
existence of the company. Once a certificate of incorporation is issued, the
company comes into existence from the date mentioned on it. Any deficiency or
infirmity found in the incorporation of the company later on will not influence the
existence of the company and the incorporation, will remain valid.

12. Certificate of Commencements of
Business
■ Commencement of Business Certificate is the declaration that the Director of the
Company needs to file with Registrar of Companies. Moreover this declaration is
filed in Form INC-20A within 180 days of the incorporation of the Company.
■ Basically, this is a declaration filed before commencing the business and
exercising borrowing powers by the Company. Company has to comply with Section
10A(1)(a) of Companies Act 2013 and Companies (Incorporation) Rules, 2014
while filing the Certificate of Commencement of Business.

13. THANK-YOU