FAQ's - Company Incorporation

The minimum number of subscribers/shareholders required for the establishment of a private limited company is two.  The minimum no. of directors required for a Private Limited Company is Two. any point of time.

There is no minimum share capital required for incorporating a Company. However, the amount of capital required depends on the requirements of the proposed business model of the company. Therefore, the company should have at least enough capital in order to secure business activities & run its operations & day-to-day activities until the Company starts generating revenue after the commencement of Business. 

Any individual (only natural person) having a valid Director Identification Number (DIN) can become the Director of a Private Limited Company.

There is no requirement for the shareholders to be Indians or residents of India. It can be a foreign national. However, in the case of the composition of the Board of Directors, at least one director shall be a resident of India. Every company is required to have at least one director who stays in India for a total period of not less than 182 days during the financial year. However, in the case of a newly incorporated company, the requirement under this provision shall apply proportionately at the end of the financial year in which it is incorporated. However, in cases where the person seeking an appointment is a national of a country that shares a land border with India, necessary security clearance from the Ministry of Home Affairs, Government of India, would be a pre-requisite. 

Yes, documents and proofs provided for the directors & shareholders who are foreign nationals, require both Notary & apostille. However, if at the date of signing, the director is present in India, then only notarized documents from the notary public in India will be sufficient. But proof of the director’s presence in India would be required additionally i.e. VISA & immigration stamp.

Usually, the incorporation of a Company takes 15-20 days subject to submission of the required documents with the authority on time. This timeline excludes the time taken by the client to provide a complete set of documents along with notary & apostille. This duration majorly depends on the participation of the shareholders and the procurement of necessary documents.

The name (s) of a company can be reserved through Web Form Part A of SPICe+. Through this e-form, the applicant can propose two names of the company out of which only one name will be reserved and upon approval of the name, the incorporation application is required to be submitted within 20 (twenty) days from the date of approval of the name reservation application. The approval of the name is the sole discretion of the CRC (Central Registration Centre). However, an application for an extension of the name may be made by paying additional fees for an additional duration of 40 days. 

Availability – The proposed name is undesirable if it is identical with or too nearly resembles a name that is for the time being reserved and not expired by the ROC (Registrar of Companies).

Authorized Share Capital or ‘nominal capital’ means such capital as is authorised by the memorandum of a company to be the maximum amount of share capital of the company.

Paid-up capital, or “share capital paid-up,” means such aggregate amount of money credited as paid-up as is equivalent to the amount received as paid-up in respect of shares issued and also includes any amount credited as paid-up in respect of shares of the company, but does not include any other amount received in respect of such shares, by whatever name called;
In short, it is the capital that is actually paid into the company’s bank account by the shareholders or subscribers to MOA in accordance with their subscribed share capital.

List of eligible address proofs: bank statement, telephone bill, electricity bill, or mobile bill Validity of the Document: 2 Months from the issue date

A nominee shareholder is a person whose name is entered in the registered member, who holds a share on behalf of the actual owner of the share. The main purpose of appointing a nominee shareholder is to fulfill the minimum shareholders requirement as per the provisions of the Companies Act, 2013. He/she is a person whose name is entered in the registered of members of the Company as a holder of the shares but who does not have any beneficial interest in the shares. 

In the case of a wholly-owned subsidiary company, if the Parent Company/Foreign Body Corporate wants to hold the entire holding of the Company i.e. 100% of the proposed Indian Company, in such cases, they can appoint 1 Nominee shareholder holding a minimum of 1 Share on its behalf as the Registered shareholder to fulfill the criteria of a minimum shareholder as per companies Act, 2013

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