Company Formation in India: Complete Checklist (2026) — Pvt Ltd, OPC & LLP

This is an informational checklist for founders forming a company in India in 2026. It compares Private Limited, One Person Company (OPC) and LLP, walks through the SPICe+ and FiLLiP processes, and lists every document, timeline and post-incorporation step you need to close before day 180.

0. Choosing the right structure

The structure decision drives compliance cost, tax rate, ability to raise equity and personal liability. There is no universally "best" structure — the right answer depends on funding plans, headcount and risk profile.

A proprietorship or partnership still makes sense for very small, low-risk cash businesses with no fundraising plans, but neither offers limited liability and both are hard to convert cleanly later.

1. Why a Private Limited Company?

Pvt Ltd is the default structure for any business that intends to raise equity, grant ESOPs, or scale beyond a one-promoter setup. Compared to LLP, it offers richer financing options (CCPS, CCD, equity), tighter governance and a perpetual succession structure that investors prefer.

• Separate legal entity with limited liability
• Eligible for DPIIT recognition, Angel Tax exemption and 80-IAC tax holiday
• Preferred by banks, VCs and overseas investors (FDI Automatic Route)
• Capable of issuing equity, preference shares, convertibles and ESOPs

2. Pre-incorporation Checklist

Directors and Shareholders

Minimum 2 and maximum 200 shareholders. Minimum 2 directors (one must be resident in India — 182+ days in the preceding FY). Each director needs a Director Identification Number (DIN) and a Digital Signature Certificate (DSC).

Capital Structure

There is no minimum paid-up capital requirement, but most founders incorporate with Rs1 lakh authorised capital divided into 10,000 equity shares of Rs10 each. This costs nothing extra in stamp duty in most states and gives runway for early hiring and ESOPs.

Registered Office

You need a registered office address in India within 30 days of incorporation. Acceptable proof includes a utility bill (not older than 2 months), a rent agreement and an NOC from the property owner. Virtual offices are allowed in most states with proper documentation.

3. Documents Required

• PAN and Aadhaar of all directors and shareholders
• Passport-size photographs of each director
• Address proof — passport / driving licence / voter ID (not older than 2 months)
• Bank statement or utility bill of each director (not older than 2 months)
• Registered office utility bill plus NOC from owner
• For NRI directors: passport (apostilled) and overseas address proof (apostilled)

4. The SPICe+ Filing Process

Since 2020, the MCA has consolidated incorporation into a single integrated web form called SPICe+ (Simplified Proforma for Incorporating Company Electronically). It has two parts:

Part A — Name Reservation

You propose 2 names in order of preference on the MCA V3 portal. The MCA checks against existing companies, LLPs, trademarks and the Companies (Incorporation) Rules. Names should typically end with "Private Limited" and indicate the main business activity. A Part A name reservation is valid for 20 days — Part B must be filed within that window or the name lapses.

Part B — Incorporation

Part B bundles incorporation details, subscriber and director KYC, MOA and AOA, registered office, and the linked forms AGILE-PRO-S (GSTIN, EPFO, ESIC, professional tax, bank account) and INC-9 (subscriber/director declaration) — all in one filing that also allots DIN, PAN and TAN.

Digital signatures: SPICe+ must be digitally signed by the subscribers and directors (DSCs) and certified by a practising Chartered Accountant, Company Secretary, Cost Accountant or Advocate — a mandatory professional attestation.

LLP — the FiLLiP route

LLPs incorporate through Form FiLLiP (Form for incorporation of LLP), which reserves the name and incorporates in one filing. The LLP Agreement must be filed in Form 3 within 30 days of incorporation; miss this and the LLP starts accruing late fees from day one.

5. Timeline and Cost

Typical end-to-end timelines assuming complete documents:

• Name approval (Part A): 2–4 working days (reservation valid 20 days)
• Pvt Ltd / OPC full incorporation: 7–14 working days
• LLP incorporation: 7–12 working days

Illustrative day-by-day:

• Day 1–2: DSC issuance, document collection
• Day 3–4: Name reservation under Part A
• Day 5–7: SPICe+ Part B and AGILE PRO filing
• Day 8–10: Certificate of Incorporation, PAN, TAN issued

Government fees range from Rs1,500 to Rs10,000 depending on authorised capital and state. Professional fees for an expert-led incorporation typically start from Rs7,999.

6. Post-Incorporation Compliance

• Open a current account within 30 days
• Hold the first Board Meeting within 30 days
• Appoint the first auditor within 30 days (filing ADT-1)
• File INC-20A (commencement of business) within 180 days
• GST registration within 30 days of crossing the threshold
• Annual filings — AOC-4, MGT-7 / 7A and ITR-6

7. Common Mistakes to Avoid

• Choosing a name that conflicts with a registered trademark — always run an IP TM search before filing
• Picking the wrong NIC code under the main object clause
• Missing INC-20A — leads to ROC strike-off and director disqualification
• Ignoring registered office change formalities (INC-22)
• Not maintaining statutory registers from day one
• Letting a Part A name reservation lapse (20-day window) and having to refile
• For LLPs — missing the 30-day window to file the LLP Agreement in Form 3

Conclusion

Company formation in India is a 7–14 day exercise that sets the foundation for the next decade of your business. Done right — with the correct entity choice, capital structure and post-incorporation discipline — it saves you thousands of hours and lakhs of rupees down the road. If you'd like an expert-led incorporation, our team handles end-to-end SPICe+/FiLLiP filing starting at Rs 7,999.

Last reviewed: July 2026. MCA V3 portal forms and government fees change from time to time — verify current fees at the time of filing.

Frequently Asked Questions