List of documents required to incorporate business in India.

Introduction

Business registration in India encompasses a series of legal and procedural steps, contingent on your chosen business entity. Recent government initiatives like “Make in India” and “Startup India” aim to facilitate business, attract investments, and bolster entrepreneurship.

Although progress has been achieved, challenges persist, particularly in terms of bureaucracy and infrastructure. Establishing a business in India may still entail navigating various regulatory and operational hurdles; therefore, seek professional help for the best results.

For a One Person Company

• Articles of Association (“AOA”);
• Memorandum of Association (“MOA”);
• Proof of registered office address, lease agreement, Non-Objectional Certificate (“NOC”) from the owner, and utility bill not older than 2 months;
• Consent or declaration Form from the Proposed Director (Form DIR 2), Proposed Nominee Director (Form INC 3) and Subscribers;
• Interest of first Director in entity;
• Proof of identity and address of subscriber, Nominee Director and Director(s); and
• Proof of identity and address of the witness to MOA and AOA (not required in cases where the witness is a professional such as Chartered Accountant/ Company Secretary)

India For a Private Limited Company

• Articles of Association;
• Memorandum of Association;
• Proof of registered office address, lease agreement, NOC from the owner, and utility bill not older than 2 months;
• Consent or declaration Form from the first director and first subscribers;
• Interest of first Director in other entity, and also there subscriber rights;
• Proof of identity and address of subscriber, Nominee Director and Director(s); and
• Proof of identity and address of the witness to MOA and AOA (not required in cases where the witness is a professional such as Chartered Accountant/ Company Secretary)

For a Limited Liability Partnership

• Subscriber’s sheet;
• Proof of registered office address, lease agreement, NOC from the owner, and utility bill not older than 2 months;
• Declaration and consents by partners and designated partners;
• Interest of partners and designated partners in other entity;
• Proof of identity and address of partners and designated partners;
• Proof of identity and address of the witness to the subscriber’s sheet (not required in cases where the witness is a professional such as Chartered Accountant/ Company Secretary);
• Foreign Exchange Management Act (“FEMA”) Declaration.

For a Digital Signature Certificate

• Address proof;
• Adhar Card (not mandatory);
• Permanent Account Number (“PAN”) card;
• Photo;
• Email id; and
• Phone Number.

NOTE: PAN is mandatory for Indians, and passports are mandatory for foreigners. Mobile and video verification are mandatory for Indians, and only video verification is mandatory for Foreigners.

For a Director’s Identification Number

The DIR-3 form should include a photograph of the applicant holding the Director Identification Number (“DIN”), along with the applicant’s details. Additionally, the following documents are required:

• For Indian nationals, a valid Income-tax PAN is obligatory as proof of identity.
• Address proofs such as passport, election (voter identity) card, ration card, driving license, telephone bill, electricity bill, or Aadhaar card must be attached, bearing the applicant’s name.
• Address proofs for Indian applicants should not be older than 2 months from the eForm filing date.
• For foreign applicants, address proof should not be older than 1 year from the eForm filing date.
• Foreign nationals can acquire a DIN by submitting a notarized and apostilled copy of their passport, along with legally recognized address proof complying with their country’s requirements. The passport copy must display the applicant’s date of birth. If the passport lacks the date of birth, an additional certified or attested proof containing the date of birth is needed.
• An existing company needs to attach a copy of the board resolution regarding the appointment of the director, which is mandatory.

How we can help?

We can assist you in the process of establishing a company in India by providing guidance on the required documents, such as identity proof, address proof, PAN cards, and passport-sized photographs for directors and shareholders, along with address proof for the registered office.

We can also help you navigate the complexities of obtaining a DSC and DIN, which are essential for company registration. Our expertise ensures a smooth and efficient incorporation process, saving you time and effort.