10 answers for owners and founders of a India company, from ordering to banking, annual compliance and what happens after incorporation. General information, not legal or tax advice; your specialist confirms how it applies to you.
Through Part A of the SPICe+ form on the MCA portal. The Registrar checks the name against existing companies and trademarks, and an approved name is held for a short period while the incorporation filing follows (confirm the current period with your specialist). A private company name ends with “Private Limited”.
Source: Ministry of Corporate Affairs (SPICe+ incorporation), Government of India
Yes. MCA registration fees and state stamp duty rise with the authorised capital, and stamp duty rates differ by state. Our package includes these for standard capital; if you plan a larger amount, we quote the difference before you pay. You can also start smaller and increase capital later.
Source: Ministry of Corporate Affairs (SPICe+ incorporation), Government of India
An additional fee of INR 100 for each day of delay on the financial statements (AOC-4) and the annual return, with no upper limit. The fees add up quickly, and directors of companies that stop filing can be disqualified. We plan the audit and AGM so both forms go in on time.
Source: Annual e-filing, Ministry of Corporate Affairs, Government of India
The bank records the inward remittance and completes its KYC, and the company must issue shares within 60 days of receiving the money or return it. The share issue is then reported to the RBI on form FC-GPR within 30 days. We track both dates from the day the funds arrive (confirm with your specialist).
Source: Reserve Bank of India (FEMA reporting: FC-GPR), Reserve Bank of India
The certificate of incorporation, the memorandum and articles, the company PAN, a board resolution naming signatories, and identity documents for directors and significant owners. Foreign directors may need to join a video or in-person verification. The bank decides; we prepare the file.
When its turnover passes the threshold for its state and type of supply, or from the start if it makes certain supplies, such as selling goods to other states or online through marketplaces (confirm with your specialist). GST registration can be requested in the SPICe+ incorporation filing. Registered companies then file regular GST returns.
Through a licensed certifying authority in India, which issues a digital signature certificate after checking identity documents and usually a short video verification. Foreign directors send notarised and apostilled passport and address proof, because India applies the Apostille Convention. Every director signs the incorporation forms with this certificate.
Source: Status table: Apostille Convention, Hague Conference on Private International Law (HCCH)
It is the MCA's check that each director's contact and identity details are current, filed by 30 September in the years it falls due. A director who misses it has their director number deactivated until the form is filed with a late fee. We remind every director before the date.
Source: DIR-3 KYC FAQs, Ministry of Corporate Affairs, Government of India
The board or shareholders approve the change, the new director obtains a director identification number and gives consent, and form DIR-12 is filed with the Registrar within 30 days. The company must still keep at least two directors, one of them resident in India. We prepare the resolutions and file the form.
Source: Companies Act, 2013, India Code, Legislative Department
If it has no assets or liabilities, apply to have it struck off using form STK-2, which the MCA's Centre for Processing Accelerated Corporate Exit (C-PACE) processes. Overdue annual filings must be brought up to date first. A company with assets or creditors needs a formal winding-up instead (confirm the conditions with your specialist).
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