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Glossary · Company & ROC

What is Incorporation?

Incorporation is the legal process of registering a company with the Registrar of Companies, creating an entity separate from its owners with limited liability. In India it runs through the SPICe+ form on the MCA portal, which bundles name approval, DIN allotment, PAN, TAN, and optionally GST, EPFO and ESIC registration into one application.

The flow: reserve a name (SPICe+ Part A), then file Part B with the MOA, AOA, registered office proof, and subscriber and director KYC, all signed with a DSC. The linked AGILE-PRO-S form can add GST, EPFO, ESIC, professional tax (in applicable states) and a bank account opening in the same shot. If papers are clean, the certificate of incorporation — with CIN, PAN and TAN — typically arrives within a few working days.

Incorporation is the start, not the finish. Within 30 days you appoint the first auditor; within 180 days you file INC-20A (declaration of commencement of business) after the subscribers deposit their share capital in the company's bank account — skip this and the company cannot legally begin business or borrow. The annual compliance cycle (audit, AGM, AOC-4, MGT-7) starts from the first financial year.

Common mistake: incorporating because it sounds serious, without weighing the running cost. A private limited company carries mandatory audit and ROC filings even at nil turnover. For many small traders a proprietorship or LLP is the better fit until scale, funding or a client contract genuinely demands a company.

Reviewed to the law in force in FY 2026-27. General information, not advice — confirm the position for your facts before acting.

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