Beginning your own business is a thrilling experience, but registering your business with the Ministry of Corporate Affairs (MCA) is a significant legal process that makes your business officially recognized and run under the legal provisions of India. The MCA is responsible for the regulation of company affairs in India under the Companies Act, 2013, and other related laws, and it regulates companies for transparency, compliance, and protection of investors.
In this article, we’ll guide you through the step-by-step process of how to register a company with the Ministry of Corporate Affairs, from selecting a business structure to getting your Certificate of Incorporation.
Step 1: Select the Correct Business Structure
The first choice you have to make is the nature of business entity you wish to register. Popular forms of companies under the Companies Act are:
- Private Limited Company
- Public Limited Company
- One Person Company (OPC)
- Limited Liability Partnership (LLP)
- Section 8 Company (Non-profit Organization)
Your decision should be based on considerations such as the number of founders, initial capital, long-term business objectives, and the extent of liability protection required.
Step 2: Get Digital Signature Certificate (DSC)
As company registration in India is a completely online procedure, a Digital Signature Certificate (DSC) is required for e-signing documents.
Who requires a DSC?
Directors, subscribers (shareholders), and authorized signatories.
Where to obtain a DSC?
You may procure it from government-certified Certifying Authorities such as eMudhra, Sify, or NCode Solutions.
- Documents to submit for DSC:
- Photo of passport size
- Identity proof (PAN card)
- Address proof (Aadhaar card, voter ID, passport, etc.)
Step 3: Apply for Director Identification Number (DIN)
Then apply for a Director Identification Number (DIN). It is a director’s unique identification number and compulsory.
How to apply?
You may apply for DIN while submitting the company registration form (SPICe+ form), or you may apply separately through the DIR-3 form if you are becoming a director in an existing company.
Step 4: Name Reservation through RUN or SPICe+
Choosing a unique name for your company is crucial. The name should not match any existing companies or trademarks.
How to reserve a name?
Through the RUN (Reserve Unique Name) service available on the MCA portal.
Alternatively, the name can be applied directly through the SPICe+ (Simplified Proforma for Incorporating a Company Electronically Plus) form while registering the company.
Important tips:
- Always check name availability beforehand.
- Attempt to make the name similar to your activities of business.
- Append words such as “Private Limited” or “Limited” towards the end, based on your setup.
Step 5: Get Important Documents Ready
You will need to have the following major documents ready:
- Memorandum of Association (MoA): Establishes the constitution and ambit of the company.
- Articles of Association (AoA): Has regulations and rules for the internal management of the company.
- Identity and Address Proof of Directors and Shareholders: PAN, Aadhaar, Passport (in the case of foreign nationals), etc.
- Proof of Registered Office Address: Rent agreement, utility bill (not more than 2 months old), and NOC from the owner of the property (if required).
- Declaration by Directors: That they are not convicted of any offence.
Step 6: Fill and Submit the SPICe+ Form
SPICe+ (INC-32) is a composite web form provided by MCA to streamline company registration and facilitate it with ease.
SPICe+ has two parts:
Part A: For reservation of name.
Part B: For incorporation of the company, DIN allotment, PAN and TAN application, EPFO & ESIC registration, and Professional Tax (only for Maharashtra).
Procedure to file SPICe+:
- Go to the MCA portal.
- Get yourself registered as a user if you are not registered yet.
- Click on SPICe+ under MCA Services → Company Services → SPICe+.
- Complete all the details like name of company, nature of company, address, directors’ details, subscribers’ information, etc.
- Get all the documents uploaded.
- Pay the necessary government charges and Stamp Duty (amount varies with authorized capital and state where it is registered).
- Submit the application.
Step 7: Issue of Certificate of Incorporation (COI)
After authentication, the Registrar of Companies (RoC) will give the Certificate of Incorporation (COI) with the Company’s CIN (Corporate Identity Number). Besides the COI, you also get:
- PAN (Permanent Account Number)
- TAN (Tax Deduction and Collection Account Number)
These documents confirm your company is officially registered.
- Open a Company Bank Account
- Apply for GST Registration (if applicable)
- Register under Shops and Establishment Act (as per the state)
- Keep statutory registers and records
- Conduct the first board meeting within 30 days
- Appoint the Auditor within 30 days
- Apply for commencement of business (Form INC-20A) for Private Companies
Conclusion
Registering a company with the Ministry of Corporate Affairs is now very streamlined through the online SPICe+ platform. Still, it needs attention to detail, documentation, and compliance with a number of regulations. Whether you do it yourself or through a professional consultant, filing the MCA registration process provides a respectable identity to your business and establishes a strong foundation for future development.
