# Incorporation of an Indian company

Published: 13 Jun 2023  |  Last updated: 16 Jul 2025
Author: Treelife
Practice area: Legal
Source: https://treelife.in/legal/incorporation-of-an-indian-company/

## Summary

- An Indian company requires a minimum of two proposed names, at least one of which must reflect the nature of the business, submitted at the name application stage.
- A sample capital structure includes 10,000 equity shares of INR 10 each, with a paid-up capital of INR 100,000 against an authorized capital of INR 1,000,000.
- The company must have a minimum of two directors, at least one of whom must be a resident Indian, and a minimum of two shareholders.
- A registered office requires a commercial property or office address, and virtual office addresses via co-working spaces are also acceptable.
- Step 1 of incorporation is obtaining Digital Signature Certificates (DSC) for directors and shareholders, with an approximate turnaround time of 2 days, requiring Aadhar or PAN card, contact details, and a photograph.
- Step 2 involves filing the name application via SPICe+ Part A, with an approximate turnaround of 3 days, requiring two proposed names and the NIC code with a business description.
- Step 3 requires filing incorporation documents via SPICe+ Part B within approximately 1 day, and KYC documents of foreign directors or shareholders must be apostilled and notarized in their home country.
- Post-incorporation filings include Form ADT-1 for auditor appointment and Form INC-20A confirming receipt of subscription money, each with an approximate turnaround of 2 days, before share certificates can be issued.
- Foreign investment requires filing Form FC-GPR with the RBI within approximately 2 days of receiving the FIRC and KYC from the AD bank, along with entity master and business user registration on the FIRMS portal.

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Blog Content Overview

- [1 Pre-requisites for incorporation](#Pre-requisites_for_incorporation)
- [2 Incorporation process](#Incorporation_process)
[2.1 Step 1 – Obtain DSC of directors & shareholders](#Step_1_nbspObtain_DSC_of_directors_shareholders)
- [2.2 Step 2 – File for name application](#Step_2_nbspFile_for_name_application)
- [2.3 Step 3 – File incorporation documents](#Step_3_nbspFile_incorporation_documents)

- [3 Post – incorporation process](#Post_incorporation_process)
[3.1 STEP 1 – Post incorporation filings](#STEP_1_nbspPost_incorporation_filings)
- [3.2 STEP 2 – RBI filing in case of foreign investor](#STEP_2_nbspRBI_filing_in_case_of_foreign_investor)
- [3.3 Obtain initial registrations:](#Obtain_initial_registrations)

## **Pre-requisites for incorporation**

Proposed Name•Name to be available and unique. Should contain the nature of business •Minimum 2 names to be proposedShare Capital•Authorized and paid-up share capital to be determined •Sample capital structure: -10,000 equity shares of INR 10 per share -Total paid-up capital of INR 100,000 -Total authorized capital of INR 1,000,000Directors•Minimum 2 directors required •Minimum 1 director to mandatorily be Indian residentShareholders•Minimum 2 shareholders requiredRegistered Office Address•Commercial property/office location required as registered address •Services of co-working office spaces can also be availed for virtual office address

## **Incorporation process**

### Step 1 – **Obtain DSC of directors & shareholders**

**Approx TAT:** 2 Days **Key documents/information required to be filed**: Aadhar/PAN card, contact no. & email address and photo of individual

### Step 2 – **File for name application**

**Approx TAT:** 3 Days **Form: **Spice+ Part-A **Key documents/information required to be filed**:

a. 2 proposed names of company b. NIC code along with 2-3 sentences about proposed business of company

### Step 3 – **File incorporation documents**

**Approx TAT:** 1 Days **Form: **Spice+ Part-B **Key documents/information required to be filed**:

A. Shareholder and director details + KYC proofs

- *KYC documents of foreign director and shareholder need to be* *apostilled and notarized in home country*

B. Company details – Share capital (authorized and paid up), registered office address, email address and contact no.

**Note: TAT is subject to MCA website**

- On approval of spice forms, [company incorporation](https://treelife.in/services/secretarial-compliance/incorporation-registration/) is complete

- Certificate of incorporation, PAN, and TAN are issued to the company

- Company can open bank account

## **Post – incorporation process**

### STEP 1 – **Post incorporation filings**

**A. FORM ADT 1 **Approx TAT: 2 Days Key documents and information required to be filed:

– Auditor details – Name of auditor/auditor’s firm along with partner’s name, PAN, Membership no., registered address, email address, written consent & certificate stating he/she is not disqualified for appointment

– Company’s board resolution appointing such auditor **B. FORM INC 20A** **Approx TAT: **2 Days **Key documents/information required to be file**: Bank statement of company showing inward receipt of subscription money from subscribers

- Company can issue share certificates to its shareholders

### STEP 2 – **RBI filing in case of foreign investor**

**Form: **FC-GPR **Approx TAT: **2 Days* (**2 days from receipt of FIRC and KYC from AD bank*) **Key documents/information required to be filed: **FIRC and KYC for the fund transfer in foreign exchange entity master registration and business user registration to be obtained on FIRMS portal

### **Obtain initial registrations:**

- Shops & establishment registration

- Profession tax registration

- GST registration

- Udyog Aadhar/[MSME](https://treelife.in/legal/msme-registration-benefits/) registration

- Startup India registration

- Angel tax exemption

For further details on licenses and registrations, refer to the document attached [here](https://docs.google.com/document/d/1ZtGSnieSKfQPQXoP2mT8mousTObabxlWzle9NIVk8tA/edit?usp=sharing).

### Related posts:

- [ECB FOR START-UPS](https://treelife.in/legal/ecb-for-start-ups/)

- [De-Coding the Co-Founders Agreement](https://treelife.in/legal/de-coding-the-co-founders-agreement/)

- [Tax and Returns for a Restaurant – The Complete Guide for 2026](https://treelife.in/legal/tax-and-returns-for-a-restaurant/)

- [Convertible Debentures in India – Meaning, Types, Benefits](https://treelife.in/legal/convertible-debentures-in-india/)

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