Anyone with a business idea can turn it into reality by incorporating a company. In India, any individual—including foreign nationals, NRIs, or students who have reached the age of majority—can register a company. Entrepreneurs can choose to establish a private company, Limited Liability Partnership (LLP), partnership firm, or proprietorship to carry out their business operations.
Before starting the incorporation process, certain basic documents must be prepared. Having these documents ready makes the registration process smoother and faster, as they are required to be submitted to the relevant authorities. The essential preliminary documents are explained below:
Aadhaar Card
The Aadhaar card, issued by the UIDAI (Unique Identification Authority of India), is a 12-digit unique identification number provided to Indian residents after completing the verification process. It acts as a valid proof of identity.
Aadhaar is mandatory for obtaining a Digital Signature Certificate (DSC), which directors and partners need for company or LLP registration. It is issued to all Indian residents, including minors, and can also be obtained by foreigners or NRIs residing in India for more than 12 months. Typically, it takes 60–90 days to receive the Aadhaar card after submitting the enrollment acknowledgment.
PAN Card
The PAN (Permanent Account Number) card, issued by the Income Tax Department, is a unique identifier for taxpayers in India. It is compulsory for companies, firms, or individuals engaging in business to have a PAN card. The PAN system records all tax-related information for entities and individuals.
Foreign nationals and non-resident entities can also obtain a PAN card by filing Form 49AA with NSDL. The PAN card of proposed directors or partners is required to register a company, LLP, partnership firm, or proprietorship. Additionally, it is essential for opening bank accounts, applying for loans, and identity verification for foreign currency transactions. PAN cards are usually delivered by post within 15 days of application.
Proof of Identity
At the time of incorporation, directors or partners must submit valid proof of identity. Acceptable documents include a passport, voter ID, or driving license.
Proof of Address
At the time of incorporating a company, LLP, partnership firm, or proprietorship, directors, partners, or proprietors must provide proof of address. Any of the following documents can be submitted as valid proof:
- Latest bank statement
- Telephone bill
- Mobile bill
- Electricity bill
Note: The above documents should be no older than one month and must display the complete address. Additionally, the name on all three KYC documents—PAN card, proof of identity, and proof of address—must match exactly.
Proof of Registered Office Address
The registered office address of the company or firm must be provided during incorporation and for GST registration. Valid documents include:
- Water bill of the property
- Sale deed of the property
If the registered office is on rented or leased premises, a No Objection Certificate (NOC) from the landlord must be submitted. For GST purposes, documents such as property tax receipts, electricity bills, or the rental agreement can serve as proof of the registered office address.
FAQs – Preliminary Documents for Company Incorporation
1. Why are these documents required for incorporation?
These documents help the Registrar of Companies (ROC) verify identity, address, and legitimacy of directors and the company’s registered office.
2. Can a company be incorporated without submitting all these documents?
No, submission of mandatory documents is essential for ROC approval. Missing or incorrect documents can delay incorporation.
3. Is proof of registered office mandatory at the time of filing?
Yes, a registered office proof is mandatory. A temporary address can be used initially but must be updated later if changed.
4. Can foreign nationals be directors?
Yes, foreign nationals can be directors but must provide valid passport, visa, and residential address proof. DIN and DSC are also required.
5. What is the difference between MOA and AOA?
- MOA (Memorandum of Association): Defines the company’s objectives and scope of activities.
- AOA (Articles of Association): Defines rules for internal management and governance of the company.
6. How to obtain DSC and DIN?
- DSC: Apply through certified authorities; required to sign forms online.
- DIN: Apply via MCA portal; can be obtained before incorporation or through SPICe+ form during filing.
7. What if the director changes after incorporation?
Any changes in directors require filing of relevant forms (DIR-12) with the ROC, along with updated consent and identification documents.
8. Are notarization or attestation required for these documents?
No notarization is generally required if documents are uploaded digitally via SPICe+. Some utility bills or rented property proofs may need self-attestation.
