Capital Gains Tax in India 2025: Rates, STCG, LTCG & Indexation
16 Jun, 2025
Starting a company in India gives your business a legal identity and opens access to tax benefits, funding, and partnerships. It helps establish credibility, meets legal obligations, and promotes sustainable business growth. As laws become stricter, proper registration becomes essential. If someone wants, they can register a company with the Registrar of Companies (ROC). However, in this article, you will learn the complete Company Registration Process Online in India, including key benefits, required documents, and compliance guidelines based on official government norms.
Company registration is the formal process of legally establishing a business as a recognized entity under the laws of a particular jurisdiction (such as a country or state). This process involves submitting specific documentation to a government authority—usually a corporate affairs commission, registrar of companies, or similar body—and receiving a certificate or official acknowledgment that the business exists as a legal entity.
Below are the main types of companies you can register under Indian law, as recognised by the Ministry of Corporate Affairs (MCA):
A Private Limited Company is owned by a small group, with a minimum of 2 and a maximum of 200 members. Shares are not available to the public. It offers limited liability, making it ideal for startups and growing businesses that need legal protection and access to private funding. It involves moderate compliance and is the most popular form of company registration in India.
A Public Limited Company requires at least 7 members and can have unlimited shareholders. It allows public investment through stock exchanges. This structure suits large businesses planning to raise capital from the public. It involves strict compliance, including SEBI guidelines, audits, and disclosures. Like private companies, shareholders enjoy limited liability.
An One Person Company is designed for solo entrepreneurs. It allows one person to register a company with limited liability. One person acts as both director and shareholder. It provides a separate legal identity while keeping compliance simple. If turnover or paid-up capital exceeds the government limit, OPC must convert into a Private Limited Company.
An LLP blends the flexibility of a partnership with the benefits of a company. It needs at least 2 partners. Each partner's assets remain protected from business losses. It suits professionals and service-based firms who want limited liability and relaxed compliance compared to companies.
A Section 8 Company is set up for charitable or non-profit purposes—such as education, social welfare, or research. Profits are not shared among members but are used for the stated mission. It requires a special license from the central government and enjoys certain tax exemptions. This is ideal for NGOs, trusts, and social organisations.
Before starting the process of company registration in India, a few basic conditions must be fulfilled. These are essential for legal approval and smooth incorporation under the Companies Act, 2013. A few of them are listed below:
The number of directors and shareholders required depends on the type of company. A Private Limited Company must have at least two directors and two shareholders. A Public Limited Company needs a minimum of three directors and seven shareholders.
In the case of a One Person Company (OPC), only one director and one shareholder are needed. For a Limited Liability Partnership (LLP), at least two designated partners are required. It is also mandatory that at least one director or partner is a resident of India, meaning they must have stayed in the country for at least 182 days in the previous financial year.
Every company must provide a registered office address located within India. This address serves as the official place for receiving all legal notices and government communications.
The company must submit proof of ownership or a valid rental agreement, along with a utility bill (such as electricity or water) that confirms the address. If the premises are rented, a No Objection Certificate (NOC) from the property owner is also required. This address must be submitted at the time of registration and should be accessible for official communication.
While registering the company, it is important to clearly state the primary business activity. This includes describing the nature of the work the company will carry out after incorporation. The business activity must align with the objectives listed in the Memorandum of Association (MoA).
A clear business description helps classify the company correctly under the applicable legal and tax framework. It also ensures the company meets relevant licensing and compliance requirements from the beginning.
Here is the complete list of documents required for company registration in India in 2025:
Below is a detailed explanation of the steps for the company registration process online:
Step 1: Obtain a Digital Signature Certificate (DSC)
A Digital Signature Certificate allows the directors and shareholders to sign electronic documents on the Ministry of Corporate Affairs (MCA) portal. It acts as a digital proof of identity and ensures the authenticity of forms submitted during incorporation. Every applicant must submit identity proof, address proof, and a recent photograph to a licensed Certifying Authority. The authority verifies the details and issues a Class 3 DSC, which includes a secure USB token for use during registration.
Step 2: Get Director Identification Number (DIN)
A Director Identification Number is a unique number for individuals who want to act as directors in a company. If a person does not have a DIN, they can apply through the SPICe+ form while incorporating the company. If required separately, the applicant can use Form DIR-3. The applicant must attach a passport-size photo, self-attested PAN, and address proof. The MCA verifies the information and allocates the DIN once the documents are found valid.
Step 3: Name Reservation with RUN or SPICe+ Part A
The company name must reflect the nature of the business and follow the rules under the Companies Act. The applicant can choose two preferred names in order of priority. The MCA provides two options to apply: RUN (Reserve Unique Name) and SPICe+ Part A. RUN allows name reservation for new companies or name changes in existing ones. SPICe+ Part A is useful for reserving a name during incorporation. The Registrar checks the proposed names against existing records and issues approval if the names are unique and legally acceptable.
Step 4: Preparation of Incorporation Documents
At this stage, the company prepares its legal and operational structure. The Memorandum of Association (MoA) states the company’s main objectives and scope of work. The Articles of Association (AoA) outlines the rules for internal management and functioning. Each proposed director gives written consent through Form DIR-2. The company must also submit Form INC-9, which includes a declaration of compliance with legal requirements. All directors and shareholders must attach their identity proof, address proof, and photographs as part of the documentation.
Step 5: Filing SPICe+ Form (Part B)
SPICe+ Part B is the main form for incorporating the company. It collects complete details about the company such as the name, registered office address, capital structure, number of shares, and details of directors and shareholders. This form also includes applications for PAN, TAN, GST, EPFO, ESIC, and professional tax, if required. After uploading the necessary documents, the applicant submits the form through the MCA portal for review and approval.
Step 6: Pay the Government Fees
Once the SPICe+ form is ready, the MCA portal calculates the required government fees. The fee amount depends on the company type and the amount of authorised capital. The applicant must pay the fee online through the payment gateway on the MCA portal. A receipt is generated after the successful payment, which must be saved as proof.
Step 7: Receive the Certificate of Incorporation (COI)
After reviewing the form and attached documents, the Registrar of Companies issues the Certificate of Incorporation. The certificate contains the Company Identification Number (CIN), PAN, and TAN. It acts as legal proof that the company exists. After receiving the COI, the company can open a bank account, enter contracts, and start official operations under its registered name.
The post-incorporation compliance requirements for companies according to 2025 are as follows:
The company receives both PAN and TAN automatically through the SPICe+ form at the time of registration. PAN allows the company to pay income tax and file returns. TAN enables the company to deduct and deposit tax at source when it makes payments such as salaries, professional fees, or rent. Both numbers are issued together with the Certificate of Incorporation.
The company must open a current bank account in its registered name. This account is necessary for receiving payments, making business-related transactions, and meeting compliance requirements. To open the account, the company submits its Certificate of Incorporation, PAN, TAN, proof of office address, and the identity documents of the directors.
A company must register for GST if its annual turnover exceeds ?40 lakhs in goods or ?20 lakhs in services. GST registration is also required from day one if the company deals in inter-state sales or operates on an e-commerce platform. The company needs its PAN, office address proof, and bank account details to complete the registration on the official GST portal.
This license is issued under the local state’s Shops and Establishment Act. It confirms the company’s office as a legally approved business location. The company applies to the state Labour Department to get this license. It ensures that the office follows state rules related to working hours, employee benefits, and workplace conditions.
The company must maintain certain records from the beginning. These include registers of members, directors, charges, and share allotments. Within 30 days of incorporation, the company holds its first board meeting and passes resolutions.
These resolutions confirm the appointment of the first auditor, approval of the registered office, adoption of any contracts made before incorporation, and authorisation to use the company’s bank account. These actions help the company meet basic legal standards under the Companies Act, 2013.
As per 2025 guidelines, the important compliance checklist for the first year of company registration is as follows:
The company must organise its first board meeting within 30 days from the date of incorporation. This meeting helps initiate the company’s operations. The board discusses and approves key matters such as the appointment of the first auditor, confirmation of the registered office, and authorisation of financial transactions. This meeting marks the beginning of the company’s formal governance under the Companies Act, 2013.
Each director must submit the DIR-3 KYC form to verify personal details and keep the Director Identification Number (DIN) active. This filing is mandatory every year. If a director fails to complete this requirement, the DIN becomes inactive and cannot be used for legal or official purposes.
The company must maintain specific registers as required under company law. These include registers of members, directors, charges, and meeting minutes. These records help track ownership, key decisions, and any liabilities created against the company. Proper upkeep of these registers ensures legal transparency and accountability.
The company must issue physical or digital share certificates to all shareholders within 60 days from incorporation. These certificates act as legal proof of share ownership and confirm the shareholders' rights and obligations. Delays in issuing certificates may lead to penalties and non-compliance.
The company must submit Form MGT-7 to the Registrar of Companies within 60 days from the date of the Annual General Meeting (AGM). This form contains details of shareholding, directorship, and other key company information. It provides regulators with an overview of the company’s structure and activities.
Within 30 days after holding the AGM, the company must file Form AOC-4. This form includes the audited financial statements such as the balance sheet, profit and loss account, and the auditor’s report. The filing ensures that the financial records are reviewed and submitted as per legal standards.
The company must hold its first AGM within six months of the end of the financial year. The time between two Annual General Meetings must not go beyond 15 months. The AGM allows shareholders to receive updates on the company’s performance, approve the financial statements, and pass necessary resolutions.
The company must file an annual income tax return reporting its profit or loss for the financial year. If the company deducts tax while making payments such as salaries or professional fees, it must file TDS returns within the due dates specified under the Income Tax Act. Timely filing avoids penalties and interest.
If the company has GST registration, it must file returns as per the applicable schedule—monthly or quarterly, based on turnover. The returns include details of sales, purchases, and tax credits. Regular GST filings help maintain compliance and allow the company to claim input tax credits.
The company must renew its Shops and Establishment license as per the rules of the state in which the business operates. Renewal confirms that the business continues to meet conditions related to employee working hours, holidays, and wage protection. Failure to renew the license can result in penalties or closure orders.
Task |
Timeline |
|
First Board Meeting |
Within 30 days |
|
DIR-3 KYC for Directors |
Annually |
|
Issue Share Certificates |
Within 60 days |
|
File Annual Return (MGT-7) |
Within 60 days of AGM |
|
File Financials (AOC-4) |
Within 30 days of AGM |
|
Conduct AGM |
In 6 months of financial year end |
|
File Tax Returns |
As per Income Tax deadlines |
|
File GST Returns |
Monthly/quarterly if registered |
|
Renew Shops & Establishment License |
As per state laws |
|
Conclusion
Company registration is more than a legal formality—it is the first step toward building a recognised, trusted, and growth-ready business. It gives your venture a strong legal identity, unlocks access to financial benefits, and ensures you meet every statutory requirement with confidence. A well-registered company earns trust, attracts investors, and stands prepared for expansion.
To simplify the company registration process online and avoid costly errors, partner with Online Legal India. Their expert-led filing services ensure smooth documentation, quick approvals, and full compliance, so you start strong and grow without legal setbacks.