
What Is Company Formation in India?
In India, Company Formation refers to any firm or business that has been incorporated in the form of a limited company. Once this company is registered it becomes an ‘entity’ from a legal point of view, which separates its identity from the owners of the company. The entire process of Company Formation includes various steps. However, a business with ‘limited company’ legal status is granted when it’s registered by the Ministry of Corporate Affairs (MCA).
Which Is the Common Business-Types as per Indian Company Formation Act?
In India, following types of businesses are established under Company Formation rule. They include-
- Proprietorship Firm – It refers to a business type operated by one person. He/she is completely responsible for every accountability associated with the business setup. It’s actually meant for owners running a business with limited investment.
- Partnership Firm – The particular business-type may have two or more than two members for its formation. A partnership Company Formation usually complies with Indian Partnership Act, 1932.
- One Person Company – Any One Person Company business must have limited liability. This type of business enjoys tax concessions for 3 years, along with depreciation benefits. That’s not all, One Person Company Formation unlocks zero-tax on dividend distribution for its owner. Just like the other two types of business-setups covered above, One Person Company must file its yearly ROC returns and Business Tax returns.
- Limited Liability Partnership – An LLP, or Limited Liability Partnership (LLP) is a business form which has been established by complying with Limited Liability Act, 2008. A company formed under LLP or Limited Liability Partnership must limit down its liability during Company Formation in India.
- PLC (Private Limited Company) – A PLC (Private Limited Company) is treated as a separate entity from its founder or founders. It’s the directors who are accountable to look into the operations and managerial corporate affairs of the company. The shareholders or stakeholders in a Private Limited Company Formation business are the partial owner of the organization.
- Public Limited Company – A Public Limited Company is established by seven or more members under Indian Companies Act, 2013. Any business-setup considered as a Public Limited Company after its formation, must let the directors take the responsibility for running its managerial and operational affairs. A Public Limited Company Formation must have legal existence and liability of the members are limited to shares it holds. A Public Limited Company business raises capital from the public, irrespective of its size or structure.
What Are the Steps for Company Formation in India?
In India, Company Formation involves a specific process. The entire process has been shared below-
- Obtaining Digital Signature Certificate (DSC) and DIN (Director Identification Number). It can be applied and obtained via online MCA portal as well
- Give Unique Company Name to the company formed which defies its similarity from other existing competitor firms
- File incorporation documents by drafting and submitting Memorandum of Association (MoA) and Articles of Association (AoA). The documentation process can also be completed by filling up the forms using SPICe+ Part A form
- If the documentation process is satisfactory, a Company Formation or incorporation Certificate is dispatched to the applicant
- Fulfil post-registration requirements like open business bank account, register for GST, obtain other licence along with availing PAN and TAN
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