Company Formation

Company Formation in India: Legal Requirements and Procedures for Entrepreneurs

  • 10 Nov 2025
  • KP Law & Legal Associate

Company formation establishes the legal entity of a business and protects owners from personal liability.

Types of Companies in India

  • Private Limited Company

  • Public Limited Company

  • One Person Company

  • Limited Liability Partnership (LLP)

Legal Requirements

  • DIN and DSC for directors

  • Name approval from Ministry of Corporate Affairs (MCA)

  • Drafting Memorandum of Association (MOA) and Articles of Association (AOA)

  • Filing incorporation forms with MCA

Compliance and Post-Incorporation Requirements

  • PAN and TAN registration

  • GST registration

  • Statutory audits and annual filings

“A legally compliant company is the foundation of sustainable business growth.”

FAQs

Q1. Can a single person form a company?
A: Yes, via a One Person Company (OPC).

Q2. What is the difference between a private and public company?
A: Private companies have restricted shareholding; public companies can raise capital from the public.

Q3. Is an LLP easier to manage than a private limited company?
A: Yes, it requires fewer compliances but limits fundraising options.

Q4. How long does incorporation take?
A: Typically 7–15 days after submission of documents.

Q5. Are annual filings mandatory?
A: Yes, under the Companies Act, 2013.