The structure you register in is harder to change than most founders expect. Converting an LLP to a private limited company later is possible but slow and costly, and the wrong choice shows up as friction exactly when you are trying to raise money or bring in a partner. Ten minutes spent on this decision at the start saves a great deal afterwards.
Which structure fits
| Private Limited | LLP | One Person Company | |
|---|---|---|---|
| Minimum people | 2 directors, 2 shareholders | 2 designated partners | 1 member + 1 nominee |
| Outside investment | Straightforward — the structure investors expect | Difficult in practice | Not possible without converting |
| Annual compliance | Highest — board meetings, AOC-4, MGT-7 | Moderate — Form 8 and Form 11 | Similar to Private Limited, slightly relaxed |
| Audit | Always required | Only above turnover or contribution limits | Always required |
| Suits | Startups raising capital, businesses with partners | Professional firms, family businesses, steady operations | A single founder wanting limited liability |
How incorporation runs
Incorporation is now a largely integrated process on the MCA portal through the SPICe+ form, which bundles several registrations that used to be applied for separately.
- Digital Signature Certificates for all proposed directors and subscribers.
- SPICe+ Part A — name reservation. The proposed name is checked against existing companies, LLPs and registered trade marks. Rejections here are the most common cause of delay, so we run the searches before filing rather than after.
- SPICe+ Part B — incorporation, filed with the e-MoA (INC-33) and e-AoA (INC-34), and covering DIN allotment, PAN and TAN in the same application.
- AGILE-PRO-S (INC-35), filed alongside, for GST registration, EPFO, ESIC, professional tax where applicable, and the opening of a bank account.
- Certificate of Incorporation, issued with the CIN, PAN and TAN.
Where documents are in order and the name is clear, this typically completes in about ten to fifteen working days. Name objections and document defects are what stretch it.
What you need to provide
- PAN and Aadhaar for every director and subscriber
- Identity proof — passport, voter ID or driving licence
- Address proof dated within the last two months — bank statement or utility bill
- Passport-size photographs
- Registered office proof — utility bill for the premises, plus a no-objection certificate from the owner and the rent agreement where the premises are rented
- For a foreign national or NRI subscriber, notarised and apostilled documents
The part most people are not told about
Incorporation is the easy half. A registered company carries obligations from the day the certificate is issued, and the penalties for missing them accrue per day with no upper limit in several cases.
- Form INC-20A — declaration of commencement of business, within 180 days. Until it is filed the company cannot legally borrow or commence business.
- First auditor appointment within 30 days of incorporation.
- Form AOC-4 and MGT-7 — annual financial statements and annual return.
- DIR-3 KYC for every director, every year. Missing it deactivates the DIN and attracts a ₹5,000 reactivation fee.
- Board meetings and statutory registers, maintained contemporaneously rather than reconstructed later.
We hand over a dated compliance calendar with the incorporation documents, so these are diarised from the start.
Registering in Madhya Pradesh
Companies with a registered office in Madhya Pradesh fall under the Registrar of Companies, Gwalior. Beyond incorporation, businesses setting up in the state should look at the incentives available under the state industrial promotion policy and the MSME Udyam registration, which affects eligibility for several schemes and brings you within the payment timelines of the MSMED Act.