Introduction
One of the primary reasons to register a company in India is to create a legal and credible business. However, the registration process involves a challenging task of submitting several documents to the Ministry of Corporate Affairs (MCA). It can be a great help if you know the exact documents needed for your case according to your nationality, since it will save you time and avoid delays in the incorporation process.
This all-inclusive guide takes you through the whole process of document preparation by providing the complete list of documents Indian citizens, foreign nationals, and Non-Resident Indians (NRIs) may require for business registration in India. At the end of this article, you will have an entire checklist to prevent your registration application from being rejected due to unnecessary and time-consuming back-and-forth communications.
Understanding Company Registration in India
Before going into the papers, it is important to note that the registration of a company in India is a digital process that is entirely done through the portal of the Ministry of Corporate Affairs. The SPICe+ (Simplified Proforma for Incorporating Company Electronically) form is the main application tool for all types of companies, Private Limited, Public Limited, and One Person Companies.
The whole process is made easier to make sure that the entrepreneurs and investors can incorporate their businesses in an effective way, within 2 weeks of submission.
Documents Required for Company Registration: Indian Nationals
The incorporation of a company in India requires the submission of a particular assortment of documents to the Ministry of Corporate Affairs (MCA) that function as evidence of identity, location, and adherence to the rules regulating companies.
Identity and Personal Documents
Permanent Account Number Card (Important)
The PAN card, which indicates your Permanent Account Number (PAN), is the most important requirement. It is the basis of your legal and financial identity in India. All the shareholders and directors need to furnish a clear and scanned copy of their PAN card to authenticate their identity.
Another Identity Proof
Along with the PAN card, you have to provide one document from the list below:
- Voter ID card
- Passport
- Driving License
- Aadhaar card
These documents establishing your legal identity are also required for the issuance of the Director Identification Number (DIN).
Verification of Address Documents
Proof of Address (Self-Attested)
The address proof submitted must be no older than two months. The following documents are accepted:
- The most recent electricity or water bill
- Telephone or mobile bills
- Current bank statement or a recent transaction in the passbook
- Any latest bill of your utility in your name
Proof of Residency
In case you have not been residing at the present address for a year or more, then it is necessary for you to provide the proof of your previous residence along with the related documents from that period.
Photographs and Digital Signatures
Passport-Sized Photographs
Each director and shareholder has to mandatorily provide the coloured passport-sized photographs to complete the Digital signature process.
Digital Signature Certificate (DSC)
A Class 3 Digital Signature Certificate is mandatory for all directors and shareholders. This digital signature will act as your identity verification while submitting documents to the MCA portal. You can get a DSC done in 1-2 working days.
Director Identification Number (DIN)
Every prospective director must apply for a DIN Number via the MCA portal by filing Form DIR-3. The incorporation process includes the unique identification number as a requirement, and it is lifelong valid during your directorship.
Documents Required for Company Registration: Foreign Nationals
The imposition of international compliance standards has led to stringent documentation requirements for foreign investors planning to establish a business in India. The precise documents needed would differ according to where the signing takes place, in India or in your country of residence.
For Foreign Nationals
When you are establishing an Indian company from your home country, all the documents have to be officially authenticated:
- Passport and Identity Documents
- Notarized copy of your passport
- Apostilled copy by the competent authority in your country of residence
- English translation (if your passport is in another language), notarized and apostilled
Address Proof
- Notarized and apostilled driving license, residence permit, or bank statement
- Apostilled utility bill (not older than 2 months)
Additional Requirements
- Certificate of Incorporation from your home country (if applicable)
- Board Resolution authorizing incorporation in India (for corporate entities)
Any document coming must be notarized by a public notary and apostilled with the competent authority in your country.
Professional Attestation
Consider having an authorized professional (Advocate, CA, or Company Secretary) in India attest to your documents to ensure compliance with MCA standards.
Documents Required for Company Registration: NRIs
Non-Resident Indians have a special status that requires them to meet the documentation demands of both India and the rest of the world.
Essential Documents for NRIs
Passport
A valid passport of yours is an absolute necessity. It should be notarized and apostilled if you are signing in your country of residence.
Aadhaar Card
A copy of the Aadhaar Card should be submitted if you have one. NRIs who have Aadhaar enjoy the advantage of hassle-free verification.
Address Proof
Your current address proof must be:
- Obtained from your country of residence (if signing abroad)
- Notarized by a Public Notary in that country
- Apostilled by the Indian Embassy or competent authority
PAN Details
Give your Indian PAN Card details, or if you don’t have one, an undertaking from the relevant authority explaining the reasons for non-issuance.
Registered Office Documentation
In addition to personal documents, your company must submit its registered office address as proof. It is the address where all statutory correspondence is sent, and it is official.
Registered Office Proof
The Utility Bill Must Be in the Name of the Company.
Registered office proof is the latest utility bill (which is not older than 2 months). If the utility bill is for electricity, water, or phone, and the property is already in your company's name, then submit it showing the registered office address.
Alternative Proofs
- If the property is not yet registered to the company:
- If rented, the Rental/Lease Agreement
- If owned, the property deed or sale certificate
- The Memorandum of Understanding from the property owner
No Objection Certificate (NOC)
In case your company's registered office is situated in a rented or leased place, a formal No Objection Certificate from the owner is mandatory. This document signifies that the owner permits the use of the property as the company's registered office.
The NOC must be issued on the owner's official letterhead and must contain:
- Full name and address of the owner of the property
- Address of the property
- Permission for business use
- Time for which it is valid
Company Constitution Documents
The legal documents constituting your company are the organisation’s legal backbone. They have to be elaborated in a professional manner and filed during the registration process.
Memorandum of Association (MOA)
The MOA is the constitution of your company, giving the main objectives and limits of its actions. It contains the following:
- Company name
- Location of the registered office
- Main business activities (Object Clause)
- Members' liability limitations
- Authorised capital details
- For OPCs: Nominee Details (In case of the death of the shareholder)
Articles of Association (AOA)
The AOA outlines internal rules and management procedures of your company, including:
- Share transfer procedures
- Director appointment and removal processes
- Dividend distribution policies
- Meeting protocols
- Winding-up procedures
Mandatory Declaration
The MCA mandates that stakeholders make formal declarations, confirming their adherence to the Companies Act, 2013.
Form INC-9 Declaration
The declaration is made by the first shareholders and directors, confirming that:
- They have no criminal record
- They have not been in breach of the Companies Act in the past
- Every piece of information that has been submitted is correct and honest
Complete Document Checklist for Company Registration
|
Document |
Indian Nationals |
Foreign Nationals |
NRIs |
|
PAN Card |
✓ Mandatory |
|
✓ If available |
|
Passport/ID |
✓ Optional |
✓ (Notarized/Apostilled) |
✓ (Notarized/Apostilled) |
|
Address Proof |
✓ (< 2 months old) |
✓ (Notarized/Apostilled) |
✓ (Notarized/Apostilled) |
| Photographs |
✓ (3-4 copies) |
✓ (3-4 copies) |
✓ (3-4 copies) |
| DSC |
✓ Mandatory |
✓ Mandatory |
✓ Mandatory |
|
DIN Application |
✓ Mandatory |
✓ Mandatory |
✓ Mandatory |
|
MOA & AOA |
✓ Mandatory |
✓ Mandatory |
✓ Mandatory |
|
Registered Office Proof |
✓ Mandatory |
✓ Mandatory |
✓ Mandatory |
|
NOC (if rented) |
✓ Mandatory |
✓ Mandatory |
✓ Mandatory |
|
INC-9 Declaration |
✓ Mandatory |
✓ Mandatory |
✓ Mandatory |
|
INC-14 Declaration |
✓ (if applicable) |
✓ (if applicable) |
✓ (if applicable) |
|
Apostille/Notarization |
|
✓ Required |
✓ Required |
Common Mistakes to Avoid During Company Registration
Outdated Address Proofs
This is an issue that usually comes up when submitting a utility bill or proof of address older than two months, and it very likely leads to rejection of your application. Therefore, it is a must that all address documents are up to date.
Missing Self-Attestation
The self-attestation of the document is an obligatory step, and it should be performed by the person who is submitting the document. The absence of attestations results in processing that is delayed considerably.
Incomplete DSC and DIN
Do not take the plunge of incorporation till you have your DSC and DIN ready. These are absolutely necessary steps that cannot be replaced by anything else.
Incorrect MOA and AOA Clauses
Constitutional documents of poor quality very often have mistakes like capitalization, object clauses, or liability statements. Get a professional to draft these documents precisely.
Insufficient NOC Details
An NOC which is missing the property's specifics or is not printed on the official letterhead will not be accepted. Make sure the property owner grants a thorough, dated NOC.
The Streamlined Company Registration Process
The following steps are to be taken to register your company after you have collected all the documents:
Step 1: Obtain DSC and DIN
At the same time, apply for your Digital Signature Certificate and Director Identification Number.
Step 2: Reserve Company Name
Submit Form RUN (Reserve Unique Name) to make certain that the proposed company name is available and fits the name conventions.
Step 3: Submit SPICe+ Form (Part A)
Submit Part A with the names of the companies proposed. After approval, you will be informed via email.
Step 4: Submit SPICe+ Form (Part B)
In Part B, upload all the necessary documents along with the information about the company. This is the main application for incorporation.
Step 5: Pay Applicable Fees
Pay applicable fees as prescribed upon submitting the forms.
Step 6: Await MCA Verification
The Registrar usually clears the registrations in a period of a week.
Step 7: Receive Certificate of Incorporation
After verification of forms, the Certificate of Incorporation would be provided along with the Corporate Identity Number (CIN)
Conclusion
Establishing a business is an exhilarating move; however, the paperwork may seem overwhelming. JustStart Technologies is the company that provides difficulty-free and smooth company registration services. Never allow paperwork slowdowns to deter your entrepreneurial aspirations. Contact JustStart Technologies experts now and get a consultation, and let our expert professionals assist you with the company registration process step-by-step.