Registration
A Startup is a newly formed business focused on innovation, product development, and scalable growth. In India, startups recognized by DPIIT are eligible for tax exemptions, funding support, and simplified compliance.
DIN is a unique 8-digit number issued by the Ministry of Corporate Affairs (MCA) to identify directors of companies. It’s mandatory for anyone intending to be appointed as a company director.
DSC is an electronic form of signature that allows directors and professionals to sign MCA and income tax documents online securely.
- MOA (Memorandum of Association) – Describes the company’s purpose and scope of operations.
- AOA (Articles of Association) – Defines the company’s internal management rules and policies.
You can obtain a DIN through the SPICe+ (INC-32) form during company registration, or through Form DIR-3 if you’re joining an existing company.
IEC (Import Export Code) is a 10-digit code issued by the DGFT. It is mandatory for any business involved in importing or exporting goods or services.
Paid-Up Capital is the actual amount received by the company from shareholders in exchange for issued shares. It represents the real ownership investment.
Authorised Capital is the maximum share capital a company can issue to shareholders as stated in its MOA. It can be increased through a special resolution.
An ESOP allows employees to own shares or options in the company, motivating them to contribute to its growth and success.
SOPs are detailed written instructions that guide employees in performing regular tasks to ensure operational consistency and compliance.
SOPs help maintain quality, reduce human error, ensure compliance, and create a uniform process across the organization.
Limited Liability protects shareholders and partners from being personally responsible for the company’s debts or liabilities beyond their investment.
An LLP is a hybrid structure offering the benefits of both a partnership and a private limited company. It ensures limited liability for partners with flexible management.
LEI (Legal Entity Identifier) is a global 20-character code used to identify legal entities participating in financial transactions, ensuring transparency and compliance.
The Registered Office is the official address of the company for receiving legal documents and government communications.
Yes. A company can change its registered office within the same city, state, or even to another state by following the MCA procedure and filing the necessary forms.
Name approval under RUN (Reserve Unique Name) or SPICe+ generally takes 2–3 working days, depending on availability and compliance with naming rules.
Yes. A company can change its name after passing a special resolution and obtaining approval from the Registrar of Companies (ROC).
Yes. This requires approval from the Regional Director (RD), alteration of the MOA, and publication of a notice in newspapers. The process takes around 3–6 weeks.
CIN (Corporate Identity Number) is a unique 21-digit identification number issued by the Registrar of Companies (ROC) to every registered company in India.
A Shareholder is a person or entity that owns shares in a company and has rights to vote and receive dividends.
A Director is a person appointed by the shareholders to oversee company operations and ensure compliance with legal obligations.
A Private Limited Company offers easier fundraising, investor trust, scalability, and transfer of ownership, whereas an LLP is more suited for small or family-run firms.
DIN KYC (Director KYC) is an annual verification process where directors confirm their personal details with MCA using Form DIR-3 KYC to keep their DIN active.
Yes. PF (Provident Fund) and ESIC (Employees State Insurance) registrations are mandatory for companies employing 20 or more people to ensure employee welfare benefits.
Any Indian citizen and resident (living in India for at least 120 days during the financial year) can register an OPC as both the sole shareholder and director.
To register a Private Limited Company, you need:
- Minimum 2 directors and 2 shareholders
- One director must be an Indian resident
- A registered office address in India
- Digital Signature (DSC) and Director Identification Number (DIN) for all directors
Yes. Foreign nationals and NRIs can register a company in India, provided at least one director is a resident Indian.
Foreign investment is allowed under the Automatic Route in most sectors.
GST (Goods & Services Tax) registration is mandatory if your annual turnover exceeds ₹40 lakhs (₹20 lakhs for services). It’s also required for inter-state supply or online sales.
Every Private Limited Company must file:
- AOC-4 (Financial Statements)
- MGT-7 (Annual Return)
- Income Tax Return
- Board Meetings & AGM minutes
- Auditor appointment (Form ADT-1)
- Legal recognition and brand credibility
- Limited liability protection
- Easier funding and investor confidence
- Perpetual existence
- Tax benefits and government incentives
Yes. You can use your residential address as the registered office address, provided you can receive official correspondence there.
Basis | Proprietorship | Private Limited Company |
Legal Entity | Not separate from owner | Separate legal entity |
Liability | Unlimited | Limited |
Taxation | Individual slab | Corporate tax rate |
Fundraising | Difficult | Easier through equity or investors |
The Certificate of Incorporation is an official document issued by the MCA that certifies the formation and legal existence of a company in India.
The MCA regulates corporate affairs in India, including company registration, compliance filings, director management, and maintaining the corporate registry.
Udyam Registration is a government registration for MSMEs (Micro, Small, and Medium Enterprises) under the Ministry of MSME. It provides access to loans, subsidies, and tax benefits.
- Choosing a name similar to an existing brand
- Submitting incorrect documents or address proof
- Missing director KYC or compliance deadlines
- Not opening a current account promptly after incorporation
No. The MCA does not allow registration of two companies with identical or deceptively similar names. It must be unique and comply with the Companies (Incorporation) Rules.
An Auditor ensures the company’s financial statements are accurate and comply with accounting and legal standards. Every company must appoint a statutory auditor within 30 days of incorporation.
Typically, company registration takes 5 to 10 working days, depending on documentation, name approval, and MCA processing time.
For Directors/Shareholders:
- PAN Card
- Aadhaar Card / Passport
- Address Proof (Utility Bill, Bank Statement)
- Passport-sized photo
For Registered Office:
- Electricity Bill or Rent Agreement
- NOC from property owner (if rented)
Trademark Registration protects your brand name, logo, or slogan legally, preventing others from using similar branding. It enhances brand value and legal ownership.
After incorporation, you must:
- Open a Current Account
- Apply for PAN & TAN
- Register under GST, PF, ESIC if applicable
- Conduct your first board meeting within 30 days
Maintain books of accounts and compliance records
Yes. The entire registration process is online through the MCA portal. Digital signatures (DSC) are used for document signing.
- Private Limited Company
- Public Limited Company
- One Person Company (OPC)
- Limited Liability Partnership (LLP)
- Section 8 Company (NGO)
Producer Company
A Section 8 Company is a non-profit organization formed for charitable, educational, religious, or social purposes. Profits, if any, are reinvested into the company’s objectives.
- PAN (Permanent Account Number) – required for tax purposes.
- TAN (Tax Deduction and Collection Account Number) – required for deducting or collecting TDS on payments.
MSME Registration (now Udyam) gives small and medium businesses access to government schemes, credit facilities, and easier loan approvals.
Yes. A person can be a director in multiple companies, subject to a maximum of 20 companies (including 10 public companies) as per the Companies Act.
Recognized startups under Startup India can enjoy:
- 3 years of tax exemption
- 80-IAC tax holiday
- Reduced compliance norms
- Access to government funding programs
LLP (Limited Liability Partnership)
A Limited Liability Partnership (LLP) is a hybrid structure combining features of a partnership and a private limited company. It offers flexibility in management and limits partners’ liabilities to their capital contribution.
LLPs in India are governed by the Limited Liability Partnership Act, 2008 and regulated by the Ministry of Corporate Affairs (MCA).
A minimum of two partners are required to incorporate an LLP. There is no maximum limit on the number of partners.
A Designated Partner is responsible for compliance, filings, and management of the LLP. At least two designated partners must be individuals, and one must be a resident of India.
There is no minimum capital requirement to form an LLP in India. Partners can contribute any agreed amount in cash or kind.
- PAN & Aadhaar of Partners
- Address Proof (Bank Statement / Utility Bill)
- Passport (for Foreign Nationals)
- Registered Office Proof (Electricity Bill + Rent Agreement/NOC)
The LLP Agreement defines the rights, duties, and responsibilities of partners. It must be filed with the MCA within 30 days of incorporation using Form 3.
Basis | LLP | Partnership |
Legal Status | Separate legal entity | Not a separate entity |
Liability | Limited | Unlimited |
Registration | Mandatory | Optional |
Perpetual Existence | Yes | No |
An LLP has less compliance and flexible ownership, while a Private Limited Company is better for fundraising and scalability.
Yes, foreign nationals or entities can become LLP partners, provided at least one partner is an Indian resident.
- Obtain Digital Signature Certificates (DSC)
- Apply for Name Reservation (RUN-LLP)
- File Incorporation Form (FiLLiP) with MCA
- Submit LLP Agreement (Form 3)
Yes. Partners can be added, removed, or replaced by filing Form 4 and updating the LLP Agreement.
- Form 11 – Annual Return (due 30 May)
- Form 8 – Statement of Accounts (due 30 October)
- ITR-5 – Income Tax Return
An LLP must be audited if:
- Annual turnover exceeds ₹40 lakhs, or
Capital contribution exceeds ₹25 lakhs.
Late filing attracts penalties of ₹100 per day, with no upper limit until filing is completed.
Yes. An LLP can be converted into a Private Limited Company under Section 366 of the Companies Act, 2013.
Yes. This can be done by following the conversion process under Schedule III of the LLP Act, 2008.
LLPs are taxed at a flat rate of 30% and do not pay dividend distribution tax (DDT), unlike companies.
No. LLPs cannot raise equity capital from the public or issue shares. Funding must come from partners or loans.
newspapers. The process takes around 3–6 weeks.
The LLP continues to exist. The outgoing partner’s share is settled as per the LLP Agreement.
Yes. The registered office can be changed within the same state by filing Form 15 with the MCA.
An LLP must maintain:
- Statement of Accounts and Solvency
- Partners’ contribution register
- Income, expenditure, and asset records
Names are reserved through the RUN-LLP form on the MCA portal, subject to name availability and trademark rules.
A Dormant LLP is one that has no business activity for a year but wishes to retain its legal status.
An LLP can be voluntarily wound up by partners or compulsorily by the Tribunal in cases of fraud or non-compliance.
employing 20 or more people to ensure employee welfare benefits.
Drafting & Agreements for Startups
Proper agreements define relationships, reduce risk, protect IP, and help attract investors by ensuring the business is legally sound.
A Founders’ Agreement outlines the roles, responsibilities, and equity split among founders, along with vesting and exit terms.
It governs the relationship between shareholders, protecting investor interests, voting rights, and share transfer conditions.
An NDA ensures confidential information shared with employees, vendors, or investors is legally protected from misuse.
These clauses restrict ex-employees or founders from joining competitors or poaching clients for a set period.
An Employment Agreement defines job roles, compensation, confidentiality, termination clauses, and intellectual property ownership.
This agreement transfers ownership of created IP (like software, logos, or designs) from employees or contractors to the company.
A Term Sheet is a non-binding document outlining key investment terms, valuations, and shareholding before formal contracts are signed.
These are early-stage funding instruments allowing investors to convert their investment into equity in future rounds.
It defines the scope of work, delivery terms, pricing, confidentiality, and dispute resolution with vendors or suppliers.
An SLA sets performance standards and penalties between a company and its service provider (e.g., IT or logistics).
A Lease Agreement formalizes renting of office space and protects both the landlord and the tenant.
A JV Agreement defines the terms of collaboration between two entities for a shared business project.
It documents the transfer of shares between shareholders, ensuring legal ownership transfer and compliance.
It gives existing shareholders the first right to buy shares before they are offered to outsiders.
A Subscription Agreement is used when investors agree to subscribe to shares in a company during a funding round.
It ensures that all inventions or creative works made by employees belong to the company.
They protect the startup legally by defining user conduct, data privacy, and limitation of liability for online businesses.
An MSA sets the standard terms of a long-term service relationship between a startup and its clients.
It should include scope, timelines, payment terms, warranties, liabilities, and dispute resolution.
It ensures compliance with data privacy laws like GDPR and India’s DPDP Act, securing user and client data.
It defines the terms when two companies merge or one company acquires another, including valuation and payment terms.
A Board Resolution is a formal decision passed by the company’s directors for approvals like bank accounts, hiring, or fundraising.
Written agreements serve as enforceable proof in case of disputes, unlike oral commitments which are hard to prove.
Poorly drafted contracts can cause legal disputes, financial loss, loss of IP rights, and investor mistrust.
Post-Incorporation Compliance for a Private Limited Company in India
Post-incorporation compliance refers to the set of legal and regulatory activities a company must complete after receiving its Certificate of Incorporation from the Ministry of Corporate Affairs (MCA). These ensure the company remains legally operational and compliant.
Within 30 days of incorporation, a company must:
- Open a current bank account
- File INC-20A (Commencement of Business)
- Hold the first Board Meeting
- Appoint a Statutory Auditor
Issue share certificates to shareholders
Form INC-20A is the Declaration of Commencement of Business, filed within 180 days of incorporation.
It confirms that all subscribers have paid for their shares and the company has started operations.
Non-filing can result in penalties and company strike-off.
The first Board Meeting must be held within 30 days of incorporation.
Subsequent Board Meetings must be held at least once every 120 days.
Yes. A company must appoint a Statutory Auditor within 30 days of incorporation by filing Form ADT-1.
Share Certificates must be issued to shareholders within 60 days of incorporation, serving as legal proof of ownership.
The registered office serves as the official communication address for government correspondence, notices, and legal documents.
Any change must be updated with Form INC-22.
Every company must file:
- Form AOC-4 – Financial Statements
- Form MGT-7 – Annual Return
- Form ADT-1 – Auditor Appointment
- Income Tax Return – before 31st October (if audited)
- AOC-4 – within 30 days of AGM
MGT-7 – within 60 days of AGM
Companies must maintain statutory registers such as:
- Register of Members (MGT-1)
- Register of Directors & KMP (MBP-4)
- Register of Share Transfers
These records are mandatory for ROC inspections.
- File DIR-3 KYC annually
- Attend Board Meetings regularly
- Disclose interest in other entities (Form MBP-1)
Ensure company filings are on time.
Yes.
- The first AGM must be held within 9 months of the financial year end.
- Subsequent AGMs must be held within 6 months of year-end, but not exceeding 15 months between two AGMs.
- Obtain PAN & TAN (automatically issued with incorporation)
- Deduct and deposit TDS
- File GST returns (if applicable)
- File corporate income tax returns annually
Yes, if the company has:
- 20 or more employees → PF registration
- 10 or more employees → ESIC registration
Both are now part of SPICe+ integrated incorporation process.
As per Section 128 of the Companies Act, every company must maintain:
- Journal and ledger entries
- Bank statements and vouchers
- Invoices for income and expenses
- Asset and liability records
These can be kept digitally but must be accessible for inspection.
Companies that owe dues to MSME suppliers beyond 45 days must file MSME Form I twice a year —
for the period April–September (due 31 October) and October–March (due 30 April).
While compliance is simplified, small companies and OPCs must still file AOC-4, MGT-7A, and maintain proper records. Audit is mandatory if turnover exceeds ₹2 crore or capital exceeds ₹50 lakh.
A Company Secretary (CS) or compliance officer ensures all filings, resolutions, and statutory requirements are met, keeping the company in good legal standing.
Penalties include:
- ₹100 per day for late ROC filings (no upper limit)
- Heavy fines for missing INC-20A, AGM, or Auditor appointment
- Possible strike-off by the ROC for persistent non-compliance
- Maintain a compliance calendar
- Use professional CA/CS services for filings
- Keep all financial and legal records updated
- Schedule Board and AGM meetings on time
File returns before due dates
An Auditor ensures the company’s financial statements present a true and fair view of its accounts.
Every company must appoint a Statutory Auditor within 30 days of incorporation by filing Form ADT-1 and renew or reappoint the auditor every 5 years.
Board Resolutions are formal approvals by the company’s board for key decisions such as opening bank accounts, appointing directors/auditors, and entering into contracts.
They serve as official records for compliance and must be documented and stored in Minutes Books.
Form DPT-3 is filed annually by 30 June to report deposits and other outstanding loans (including advances) received by the company.
It ensures transparency in the company’s financial transactions and helps MCA track non-banking borrowings.
While a common seal is now optional, companies must have a registered letterhead showing:
- Company name
- CIN (Corporate Identity Number)
- Registered office address
- Email and phone number
This is mandatory for all official communications, invoices, and documents.
Apart from annual filings, certain events require specific MCA forms. Examples include:
Event | Form | Timeline |
Change in Directors | DIR-12 | Within 30 days |
Change in Registered Office | INC-22 | Within 15 days |
Allotment of Shares | PAS-3 | Within 15 days |
Increase in Authorised Capital | SH-7 | Within 30 days |
Change in Company Name | INC-24 | As applicable |
Annual Compliance Requirements for Different Types of Business Entities in India (2025)
1. Annual Compliance for Private Limited Company
A Private Limited Company must follow several annual and event-based compliances under the Companies Act, 2013 and Income Tax Act, 1961 to remain active and penalty-free.
Compliance | Form | Due Date | Description / Applicability |
Filing of Financial Statements | AOC-4 / AOC-4 XBRL | Within 30 days of AGM | Balance Sheet, P&L, and Director’s Report |
Annual Return | MGT-7 / MGT-7A | Within 60 days of AGM | Summary of shareholding, directors, and capital |
Auditor Appointment | ADT-1 | Within 15 days of AGM | Auditor appointment/reappointment filing |
MSME Return | MSME Form I | Half-yearly (April–Sept by 31 Oct, Oct–Mar by 30 Apr) | Filed if the company owes dues >45 days to MSME vendors |
DPT-3 (Deposits Return) | DPT-3 | By 30 June every year | Report of deposits and other outstanding loans |
Director KYC | DIR-3 KYC / Web KYC | By 30 September every year | Mandatory for all directors with DIN |
Income Tax Return | ITR-6 | By 31 October (if audit applicable) | Annual tax filing |
Compliance | Form | Timeline | Description / When Applicable |
Change in Directors / Resignation / Appointment | DIR-12 | Within 30 days | For addition or removal of a director |
Change in Registered Office Address | INC-22 | Within 15 days | For change of company address |
Board / Special Resolution Filing | MGT-14 | Within 30 days | For resolutions like auditor removal, issue of shares, etc. |
Increase in Authorised Share Capital | SH-7 | Within 30 days | To increase authorised capital |
Allotment of Shares | PAS-3 | Within 15 days | For share issuance to new/existing shareholders |
- ₹100 per day per form for ROC delays (no upper limit).
- Additional monetary penalties under Section 92, Section 137, and Section 134 of the Companies Act, 2013.
- Possible status change to “Active Non-Compliant” on MCA portal.
2. Annual Compliance for LLP (Limited Liability Partnership)
Every LLP registered under the LLP Act, 2008 must file annual returns and financial statements, even if no business was conducted.
Compliance | Form | Due Date | Description |
Annual Return | Form 11 | 30 May every year | Details of partners and contribution |
Statement of Accounts & Solvency | Form 8 | 30 October every year | Declaration of financial position |
Director/Partner KYC | DIR-3 KYC / Web KYC | 30 September | Mandatory for all designated partners |
Income Tax Return | ITR-5 | 31 July (no audit) / 31 October (audit) | Annual tax filing |
Late filing fee of ₹100 per day per form without upper limit + interest under the LLP Act.
3. Annual Compliance for One Person Company (OPC)
OPCs have simpler compliance, but core filings like AOC-4, MGT-7A, and DIR-3 KYC are still mandatory.
Compliance | Form | Due Date | Description |
Filing of Financial Statements | AOC-4 | Within 180 days of FY end (by 27 Sept) | Financial statements filing |
Annual Return | MGT-7A | Within 60 days of AGM | Annual filing of company details |
Director KYC | DIR-3 KYC / Web KYC | 30 September | Mandatory for the director |
Auditor Appointment | ADT-1 | Within 15 days of AGM | Auditor appointment/reappointment |
Income Tax Return | ITR-6 | 31 October | Tax return filing for OPC |
4. Annual Compliance for Section 8 Company (Non-Profit Organization)
A Section 8 Company must comply with both general company law and non-profit specific requirements, especially under CSR and Income Tax (12A/80G) provisions.
Compliance | Form | Due Date | Description |
Annual Return | MGT-7 | Within 60 days of AGM | Annual summary of activities and members |
Financial Statements | AOC-4 | Within 30 days of AGM | Audited accounts filing |
Auditor Appointment | ADT-1 | Within 15 days of AGM | Statutory auditor appointment |
Director KYC | DIR-3 KYC / Web KYC | 30 September | Mandatory for directors |
CSR Reporting (if applicable) | CSR-2 | 31 March each year | CSR project and expenditure disclosure |
Income Tax Return | ITR-7 | 31 October | Applicable for charitable entities under 12A/80G |
Failure to comply may lead to:
- ₹100/day per form fine
- Suspension or cancellation of Section 8 License by MCA
5. Annual Compliance for Nidhi Company
A Nidhi Company, governed by Nidhi Rules, 2014, must maintain transparency in its deposit-taking and lending operations.
Compliance | Form | Due Date | Description |
Return of Statutory Compliance | NDH-1 | Within 90 days of FY end | Details of members, deposits, and loans |
Extension Application (if applicable) | NDH-2 | Within 30 days from NDH-1 due date | Request for extension of compliance |
Half-Yearly Return | NDH-3 | Within 30 days of each half-year end | Operational data reporting |
Annual Return | MGT-7 | Within 60 days of AGM | Summary of company activities |
Financial Statement | AOC-4 | Within 30 days of AGM | Balance sheet & P&L filing |
Auditor Appointment | ADT-1 | Within 15 days of AGM | Statutory auditor appointment |
Director KYC | DIR-3 KYC / Web KYC | 30 September | Compulsory for all directors |
Income Tax Return | ITR-6 | 31 October | Annual tax filing |
Non-compliance can lead to:
- ₹100/day per form fine
- Prohibition on accepting deposits
- Revocation of Nidhi status by MCA
Entity Type | Main ROC Forms | Tax Form | DIN KYC | Special Filings |
Private Limited Company | AOC-4, MGT-7, ADT-1, DPT-3, MSME I | ITR-6 | Yes | DIR-12, MGT-14 (as applicable) |
LLP | Form 8, Form 11 | ITR-5 | Yes | - |
OPC | AOC-4, MGT-7A, ADT-1 | ITR-6 | Yes | - |
Section 8 Company | AOC-4, MGT-7, CSR-2, ADT-1 | ITR-7 | Yes | CSR reporting |
Nidhi Company | NDH-1, NDH-2, NDH-3, MGT-7, AOC-4 | ITR-6 | Yes | Deposit-related filings |