How to Incorporate a Company in India (2026 Guide)
Last updated: 2026-05-22 · By Bentham Legal Team
Types of Companies in India
The Companies Act, 2013 allows several structures: Private Limited Company (most popular for startups — limited liability, 2-200 shareholders, restricted share transfer), One Person Company (single owner with limited liability), Limited Liability Partnership (hybrid of partnership and company), and Public Limited Company (for larger businesses planning IPO). Most startups choose Private Limited for investor-friendliness and limited liability.
Requirements for Private Limited Company
Minimum 2 directors (at least 1 must be Indian resident), minimum 2 shareholders, minimum authorized capital of ₹1 lakh, registered office address in India, unique company name approved by MCA. Directors must have DIN (Director Identification Number) and DSC (Digital Signature Certificate).
Step 1: Get Digital Signature Certificate (DSC)
Every director needs a Class 3 DSC for signing electronic documents with MCA. Apply through a Certifying Authority (eMudhra, Sify, nCode). Requires: PAN, Aadhaar, email, phone. Processing time: 1-2 days. Bentham generates DSCs for all directors as part of the incorporation package.
Step 2: Apply for Name Approval
File RUN (Reserve Unique Name) on MCA portal or include name in SPICe+ Part A. Rules: name must be unique, not identical/similar to existing companies or trademarks, not offensive, and must include "Private Limited" suffix. You can propose up to 2 names. Approval takes 1-2 days.
Step 3: File SPICe+ (INC-32)
SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) is the integrated form that handles: company incorporation, DIN allotment, PAN & TAN application, EPFO & ESIC registration, and bank account opening — all in one form. It has two parts: Part A (name reservation) and Part B (incorporation details).
Step 4: Prepare MOA and AOA
Memorandum of Association (MOA) defines the company's objects, authorized capital, and subscriber details. Articles of Association (AOA) defines internal rules — share transfer, board meetings, dividends, etc. Both must be filed with SPICe+. Bentham auto-drafts both based on your inputs.
Step 5: File AGILE-PRO-S
Filed along with SPICe+, this form handles: GSTIN application, EPFO registration, ESIC registration, Profession Tax registration, and bank account opening request. All integrated into the single incorporation flow.
Step 6: Get CIN and Incorporation Certificate
Once MCA approves, you receive: Certificate of Incorporation with CIN (Corporate Identity Number), PAN, TAN, GSTIN, EPFO code, and ESIC code. Total timeline: 5-7 working days from SPICe+ submission.
Documents Required
For directors: PAN, Aadhaar, passport-size photo, mobile number linked to Aadhaar. For registered office: electricity/water bill (not older than 2 months), rent agreement or ownership proof, NOC from owner. For foreign directors: passport, address proof from country of residence, apostilled/notarized documents.
Company Incorporation Cost in India (2026)
Government fees: ₹500 (RUN) + stamp duty (varies by state: ₹1,300 in Karnataka, ₹13,000+ in Maharashtra) + ₹500 (SPICe+). Professional fees vary: traditional CAs charge ₹8,000-₹25,000. Bentham's all-inclusive package covers DSC, name approval, SPICe+ filing, MOA/AOA drafting, and professional review.
Post-Incorporation Compliance
Within 30 days: appoint auditor (ADT-1), open bank account, issue share certificates. Within 180 days: file INC-20A (commencement of business), deposit subscriber money. Ongoing: maintain statutory registers, hold board meetings quarterly, file annual returns. Bentham tracks all deadlines automatically.
Why Choose Bentham for Incorporation
Traditional CAs take 2-4 weeks and require multiple office visits. Bentham completes incorporation in 7 days, fully online. AI handles document preparation, name conflict checking, and form filling. A qualified professional reviews everything before MCA submission. Real-time tracking of your application status.
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