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Procedure for Private Limited Company Registration in India

Procedure for Private Limited Company Registration

It is not easy to get your Private Limited Company Registration in India. The process is complex and requires many compliances. Our experts can assist you with every Phase of the Online Registration of Private Limited Company.

You don’t have to read through every Phase of the Company Registration in India process. Instead, our experts can help you.

Phase 1: Acquire Your Digital Signature Certificate

Get a Digital Signature (DSC) to file forms for company incorporation. Online registration is possible. The forms will require a digital signature. All subscribers and witnesses to the Memorandum of Association and Articles of Association (AOA) require DSC.

The digital signature certificates must be obtained from government-recognized certifying authorities for Company Registration in India. You can find the list of certified authorities here. You can also get your DSC online within two days. Costs for obtaining DSC vary depending on the certification authority. Class 3 of DSC is required.

Point to be Noted: 

Only changes to existing companies’ names will have access to the RUN Web service that was previously available for name availability. This change will take effect on 23 February 2020.

Phase 2: Apply To Director Identification Number (DIN)

DIN is an identification code for a director. Anyone wishing to become a company director must apply for DIN (Director Identification Number). A single DIN can be enough to become a director in multiple companies.

There are three ways to get DIN for Company Registration in India.

Conduct 1

Fill out form DIR-3. A person who wishes to be a director of an existing company can use Form DIR-3. The Form requires basic information about the proposed director, proof of identity such as PAN, Aadhaar Card, etc., and proof of address. For new companies, DIN is now possible within SPICe+ for up to three directors.

Conduct 2

By filing SPICe+, DINs are issued to directors who don’t have a DIN. The filing process of Company Registration in India through SPICe+ (INC32) allows three directors to apply for DIN. If the applicant wishes to incorporate a company with more than three directors and more persons who don’t have DIN, they must incorporate the Company with 3 Directors. The applicant will need to appoint additional directors after incorporation.

Conduct 3

If you opt for Private Limited Company Registration in India, 2 DINs will be covered. There is no essential for distinct applications.

Phase 3: Approval of Name

These options are available to get your name approved:

Conduct 1

Reserving the Name via Part-A of the SPICe+ Form: The Ministry of Corporate Affairs has launched SPICe+ web services to incorporate companies. This is a move to make the process easier for both new and existing companies. Part-A of SPICe+ forms allows for “name reservation” with two names proposed and one resubmission (RSUB) while reserving Unique Names.

Suppose the name is rejected due to a similar name with a registered business, LLP, trademark, or non-adherence to the Company Registration in India (Incorporation Regulations) 2014. 

In that case, the applicant must re-file the SPICe+ Form and the prescribed fee. After approval, the name will be held for 20 days. The Company must then file Part B of SPICe+ to incorporate the Company.

Point to be Noted… 

For reservation of names, DSC and DIN are not required. Only MCA Accounts are mandatory.

Conduct 2: 

Name approval through filing Part-A of the SPICe+ Form together: You can submit the proposed name with your application for incorporation. 

Part B of SPICe+ allows you to apply for incorporation. SPICe+ allows you to apply for Company Registration in India and name approval, just like the SPICe form. This means that both Part-A and part-B of the SPICe+ Form may be submitted together. One person can only use this Form.

If a combination application is rejected due to non-approval, the applicant will be given a second chance to fill out the SPICe+ Form. 

This means you have two chances to file the same Form without paying Rs. 1000/- for both times. You can submit the SPICe+ Form again (both for standalone approval and incorporation).

If the first attempt fails to approve the name, you can start with the SPICe form. This option will eventually prove to be more affordable than the first. The entire process, including approval of the name and incorporation, takes approximately 2-3 days.

Phase 4: Procedure for Spice+ (INC-32) 

Since 23 February 2020, the MCA has launched Form SPICe+ to allow new company registrations. Web-based incorporation is possible under Part B of the SPICe+ forms. This simplifies incorporation.

After the name approval, applicants can click on the link to the approved name (found on the user’s dashboard) and proceed with the Company Registration in India. Part B of SPICe+ allows web-based incorporation. It serves the following purposes and is a single application.

  • Application to allot DIN (Director Identification number)
  • Reservation of company name
  • Incorporation in a new company
  • Application for PAN or TAN (mandatory).
  • Application for EPFO registration (mandatory).
  • Application for ESIC registration is mandatory.
  • Maharashtra only: Application for professional tax registration
  • Application to open a bank account in the Company (mandatory).
  • If requested (optional), GSTN will be allocated.

SPICe+ allows web-based data entry and validation, making incorporation seamless and fast. The linked forms AGILE PRO, eAoA, and eMoA will automatically fill in the Part-A/B information in SPICe+.

These forms must be downloaded in PDF, digitally signed, and submitted later for incorporation. After filling out the SPICe+ Form, the user must also download the SPICe+ Form in PDF format and attach the DSC to sign the Form digitally.

To file Form INC-32, a professional must digitally sign it. To file Form INC-32, the professional must sign digitally, certifying that the information provided is correct. A professional could be a Chartered Accountant (or Company Secretary) or Cost Accountant (or advocate).

Before May 2015, companies had to be registered using several Pvt Ltd Company Registration Documents. These included the DIR-3 (Director Identification Number), INC-1 (for obtaining a name), INC-7 (for registering the Company with Memorandum and Articles of Association), INC-22 (for the registered office) and, finally, Form DIR-12 (12 for directors). Effective January 2018, the New Process of Name Approval “RUN” was notified. The e-form INC-1 has been omitted. INC-7 Form omitted.

All of these forms are now merged into the SPICe+ Form. RUN service can only be used to change an existing name. The SPICe+ Form is the only way to incorporate a Company. There are no ROC fees to incorporate a Company if there is less than 10 percent of authorized capital with Minimum Turnover For Pvt Ltd Company.

Phase 5: eMoA (INC-33) or eAoA [INC-34) 

eMoA stands for an electronic Memorandum of Association, whereas eAoA stands for electronic Articles of Association. These forms were created to make it easier for Indian companies to register.

Memorandum is the Company’s charter, while articles of association are the Company’s internal rules and regulations.

In the past, memorandums of association and articles were filed in person. These forms can now be filed online via the MCA portal as a linked form with SPICe+. (INC-32). Subscribers to the Memorandum or Articles of Association must digitally sign both these forms.

Phase 6: Submission for TAN and PAN 

Through the single SPICe+ Form, you can apply for TAN and PAN for your Company. After submitting the SPICe+ Form, the system will automatically generate these forms. After approval of the SPICe+ Form, the Certificate of Pvt Ltd Company Registration Online is issued. It includes the PAN that the Income Tax Department has assigned. MCA will send an email with the Certificate of Incorporation and PAN. The Income Tax Department will issue the PAN card.

MCA will approve your registration if all Documents Required for Private Limited Company Registration In India are provided. This CIN can be tracked online at the MCA portal.


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