Incorporate Your Company or LLP
Private limited company, One Person Company or LLP. We help you pick the structure that fits your plans, prepare the documents and file with the MCA until the certificate of incorporation is issued.
Choose what fits your business
- Private Limited Company2+ directors
- One Person Company1 member
- Limited Liability Partnership2+ partners
- Every filing reviewed by a CA
- One named CA, year after year
- Confidential under the CA Act, 1949
- Replies within 2 hours on working days
Three Ways to Incorporate
Each gives limited liability and a separate legal identity. They differ in ownership, funding options and ongoing compliance.
- Shareholders (members)
- Minimum 2, maximum 200
- Directors
- Minimum 2, maximum 15 (more by special resolution)
- Resident director
- At least 1 director in India for 182+ days in the financial year
- Same people?
- Yes, the same 2 people can be both directors and shareholders
- Minimum capital
- None prescribed
- Issued on incorporation
- CIN, with the company’s PAN and TAN
Private Limited Company
A separate legal entity owned by its shareholders (members) and managed by its board of directors. It can issue shares to co-founders, employees and investors, which is why it is the usual choice for startups planning to raise funding.
Limited liability
A shareholder’s liability is limited to the amount unpaid on their shares; personal assets are not at risk for the company’s debts.
Separate legal entity
The company owns property, enters contracts and can sue or be sued in its own name.
Equity funding
New shares can be issued to angel investors and venture funds to raise capital.
ESOPs
Employee stock option plans can be offered to attract and retain key team members.
Perpetual succession
The company continues to exist regardless of changes in its shareholders or directors.
Transferable ownership
Ownership changes hands by transferring shares, subject to the restrictions in the articles of association.
Documents required
Self-attested copies, scanned clearly. We confirm the final checklist for your case.
Each director & shareholder
- PAN card (mandatory for Indian nationals)
- Identity proof: voter ID, passport, driving licence or Aadhaar
- Address proof: bank statement, or electricity, telephone or mobile bill, not older than 2 months
- Passport-size photograph
- Email ID and mobile number (used for verification)
- Foreign nationals and NRIs: passport as identity proof
Registered office
- Utility bill (electricity, gas, water or telephone) for the premises, not older than 2 months
- No-objection certificate (NOC) from the owner of the premises
- If rented: rent or lease agreement, with a rent receipt not older than 1 month
Specific to Private Limited
- Up to 2 proposed names, with the main business activity (objects)
- Consent to act as director (Form DIR-2) from each director
- Details of the authorised and subscribed share capital
Registration process
Filed online with the Ministry of Corporate Affairs (MCA).
- 1
Digital signatures (DSC)
Class 3 digital signature certificates are obtained for the proposed directors and subscribers, as the forms are signed digitally.
- 2
Name reservation (SPICe+ Part A)
Up to 2 proposed names are applied for. An approved name is reserved for 20 days, within which Part B must be filed.
- 3
Incorporation filing (SPICe+ Part B)
Filed with the e-MoA (INC-33), e-AoA (INC-34), director consents and AGILE-PRO-S; DINs for new directors are applied for in the same form, and the INC-9 declaration is auto-generated.
- 4
Scrutiny & Certificate of Incorporation
After fees are paid and the Registrar reviews the application, the certificate is issued with the CIN, and the company’s PAN and TAN are allotted with it.
- 5
After incorporation
Open the bank account and deposit the subscription money, appoint the first auditor within 30 days, and file the commencement-of-business declaration (INC-20A) within 180 days.
- Member (shareholder)
- Exactly 1, a natural person who is an Indian citizen (resident or non-resident)
- Nominee
- 1 Indian citizen, consenting in Form INC-3
- Directors
- Minimum 1, maximum 15
- Resident director
- At least 1 director in India for 182+ days in the financial year
- Limit
- A person can be a member or nominee of only one OPC
- Minimum capital
- None prescribed
One Person Company (OPC)
A private company with a single member (shareholder). It gives a solo founder limited liability and a corporate identity without a second shareholder, and it can be converted into a private limited company at any time.
Limited liability for one owner
Unlike a proprietorship, the owner’s personal assets are kept separate from the company’s liabilities.
Full ownership
One person holds all the shares, with no partner or co-shareholder needed.
Continuity through the nominee
The nominee becomes the member if the sole member dies or becomes incapable of contracting.
No annual general meeting
An OPC is exempt from holding an AGM. With a single director, the board-meeting requirements also do not apply.
Convert any time
Since April 2021 there is no capital or turnover limit forcing conversion, and an OPC can convert to a private or public company whenever it chooses.
Open to NRIs
Indian citizens living abroad can also form an OPC, provided the company has a director resident in India.
Documents required
Self-attested copies, scanned clearly. We confirm the final checklist for your case.
Member & each director
- PAN card (mandatory for Indian nationals)
- Identity proof: voter ID, passport, driving licence or Aadhaar
- Address proof: bank statement, or electricity, telephone or mobile bill, not older than 2 months
- Passport-size photograph
- Email ID and mobile number (used for verification)
- Foreign nationals and NRIs: passport as identity proof
Registered office
- Utility bill (electricity, gas, water or telephone) for the premises, not older than 2 months
- No-objection certificate (NOC) from the owner of the premises
- If rented: rent or lease agreement, with a rent receipt not older than 1 month
Specific to OPC
- Nominee’s PAN and identity proof
- Nominee’s signed consent in Form INC-3
- Consent to act as director (Form DIR-2)
Registration process
Filed online with the Ministry of Corporate Affairs (MCA).
- 1
Digital signature (DSC)
A Class 3 digital signature certificate is obtained for the member and each proposed director.
- 2
Name reservation (SPICe+ Part A)
The name is applied for in the form “… (OPC) Private Limited”. An approved name is reserved for 20 days, within which Part B must be filed.
- 3
Incorporation filing (SPICe+ Part B)
Filed with the e-MoA (INC-33), e-AoA (INC-34), the nominee’s consent (INC-3), director consent and AGILE-PRO-S; the DIN is applied for in the same form.
- 4
Scrutiny & Certificate of Incorporation
After fees are paid and the Registrar reviews the application, the certificate is issued with the CIN, and the company’s PAN and TAN are allotted with it.
- 5
After incorporation
Open the bank account and deposit the subscription money, appoint the first auditor within 30 days, and file the commencement-of-business declaration (INC-20A) within 180 days.
- Partners
- Minimum 2, no maximum (individuals or body corporates)
- Designated partners
- Minimum 2, who must be individuals
- Resident designated partner
- At least 1 in India for 120+ days in the financial year
- Minimum contribution
- None prescribed
- Governing document
- LLP agreement, filed in Form 3
- Issued on incorporation
- LLPIN, with the LLP’s PAN and TAN
Limited Liability Partnership (LLP)
A body corporate formed by partners under the LLP Act. It combines the limited liability of a company with the flexibility of a partnership: the partners decide roles and profit-sharing in an LLP agreement, with lighter compliance than a company.
Limited liability
A partner is not personally liable for the LLP’s obligations, or for another partner’s wrongful acts.
Separate legal entity
The LLP owns property, enters contracts and can sue or be sued in its own name, and continues despite changes in partners.
Audit only above limits
Accounts need a statutory audit only if turnover exceeds ₹40 lakh or partner contribution exceeds ₹25 lakh in a financial year.
Flexible agreement
Profit-sharing, roles, decision-making and admission of new partners are set by the partners in the LLP agreement.
No board meetings or AGM
The LLP Act does not require board meetings or annual general meetings.
Fewer annual filings
The core annual filings are the Statement of Account & Solvency (Form 8) and the Annual Return (Form 11).
Documents required
Self-attested copies, scanned clearly. We confirm the final checklist for your case.
Each partner & designated partner
- PAN card (mandatory for Indian nationals)
- Identity proof: voter ID, passport, driving licence or Aadhaar
- Address proof: bank statement, or electricity, telephone or mobile bill, not older than 2 months
- Passport-size photograph
- Email ID and mobile number (used for verification)
- Foreign nationals and NRIs: passport as identity proof
Registered office
- Utility bill (electricity, gas, water or telephone) for the premises, not older than 2 months
- No-objection certificate (NOC) from the owner of the premises
- If rented: rent or lease agreement, with a rent receipt not older than 1 month
Specific to LLP
- Subscriber sheet with each partner’s consent to form the LLP
- Agreed terms for the LLP agreement: contributions, profit-sharing ratio and partner roles
- For a body-corporate partner: board resolution naming its nominee
Registration process
Filed online with the Ministry of Corporate Affairs (MCA).
- 1
Digital signatures (DSC)
Class 3 digital signature certificates are obtained for the designated partners.
- 2
Name reservation (RUN-LLP)
Up to 2 proposed names are applied for. An approved name is valid for 3 months from approval.
- 3
Incorporation filing (FiLLiP)
Filed with partner details, the subscriber sheet and registered-office proof, certified by a practising professional; DPINs, PAN and TAN are applied for in the same form.
- 4
Certificate of Incorporation
The Registrar issues the certificate with the LLPIN, along with the LLP’s PAN and TAN.
- 5
LLP agreement (Form 3)
The LLP agreement is drafted, stamped as per state law and filed in Form 3 within 30 days of incorporation.
Private Limited vs OPC vs LLP
The differences that usually decide the choice.
| Feature | Private Limited | OPC | LLP |
|---|---|---|---|
| Owners | 2 to 200 shareholders | Exactly 1 member | 2 or more partners, no maximum |
| Management | Board: 2 to 15 directors | Board: 1 to 15 directors | 2 or more designated partners |
| Resident in India (min. 1) | Director, 182+ days | Director, 182+ days | Designated partner, 120+ days |
| Limited liability | Yes | Yes | Yes |
| Issue shares to investors | Yes | Only after converting | No (no share capital) |
| ESOPs | Yes | No (single member) | No (no share capital) |
| Annual general meeting | Required | Not required | Not required |
| Statutory audit | Every year | Every year | If turnover > ₹40 lakh or contribution > ₹25 lakh |
| Name reservation form | SPICe+ Part A | SPICe+ Part A | RUN-LLP |
| Governing law | Companies Act, 2013 | Companies Act, 2013 | LLP Act, 2008 |
Incorporation, Answered
Straight answers to what founders ask before they register.
If you plan to bring in investors or issue shares, a private limited company is usually the fit. If you are a sole founder who wants limited liability without a second shareholder, an OPC gives you that, and it can later be converted into a private limited company. If you are two or more partners running a services or professional business that does not need outside equity, an LLP is generally lighter on compliance. We set out the comparison for your plans before anything is filed.
No minimum paid-up capital is prescribed for a private limited company, an OPC or an LLP. You choose the authorised capital (for a company) or the partner contribution (for an LLP) based on what the business needs, keeping in mind that the government fees and stamp duty on incorporation depend partly on that amount and on your state.
Yes. A residential address can be used as the registered office, supported by a recent utility bill for the premises and a no-objection letter from the owner. If the premises are rented, the rent agreement is also needed. The registered office is where official communication from the Registrar is sent, so it should be an address where you reliably receive post.
For a company: open a bank account in the company name, deposit the subscription money, file the declaration for commencement of business within 180 days of incorporation, and appoint the first auditor within 30 days. For an LLP: file the LLP agreement within 30 days of incorporation. In both cases annual filings with the Registrar apply from the first year, which we place on a compliance calendar for you.
This information is general in nature and is not a substitute for advice on your specific case.
Book Free Consultation
Tell us about your business and who is involved, and a Chartered Accountant will reach out to recommend a structure and share the document checklist. Your information is kept confidential and used only to respond to your enquiry.
- Every filing reviewed by a Chartered Accountant
- No obligation, an initial conversation about your needs
- Handled securely and confidentially
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