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Before you register a company or LLP: how to choose who handles it, and what to check

In short

Before Company or LLP Registration, check whether you are a first-time or repeat founder, look past ₹999 package prices to the total cost, and verify the qualified professional who will handle your file.

Before you register a company or LLP, settle three things: whether you are a first-time founder or have registered before, which structure fits your plans, and who will actually handle your Registration. Look past ₹999 or ₹9,999 package prices to the full cost and the work behind it, make sure you are speaking to a qualified advisor rather than a salesperson with a target, and check that person's background before you share documents or pay.

Company Registration takes a few days, but the choices made in those days stay with the business for years. This guide is a founder's checklist for that first step. What a registration package should include is covered separately in Company Registration services and packages: what to check.

Are you a first-time founder or have you registered before?

The checks are different for each, so start here.

If this is your first company or LLP

  • Understand the structures first. Know the basic difference between a Private Limited Company, an LLP and an OPC before anyone recommends one. PVT. LTD. vs LLP vs OPC explains it in plain language.
  • You will get a DIN for life. Your Director Identification Number is allotted with the Registration and stays with you for every future company or LLP. A person can hold only one DIN, so the details filed now matter. See Directors, shareholders and DIN.
  • Use your own mobile number and email. They are linked to your DIN and DSC and are used for every future KYC and OTP.
  • Know what follows Registration. A company has yearly filings from the first year, even with no business. The Compliance calendar shows the dates in advance.

If you have registered a company or LLP before

  • Use your existing DIN. Never apply for a second one; the law allows only one DIN per person.
  • Check that your DIR-3 KYC is current. A deactivated DIN blocks the new Registration until KYC is filed with the ₹5,000 fee.
  • Check your earlier companies. If any company where you are a director has not filed its financial statements or annual returns for three continuous financial years, you can be disqualified from becoming a director of a new company for five years (Section 164(2)).
  • Check your DSC. A Digital Signature Certificate is usually valid for one to three years. An expired DSC has to be renewed before any filing.
  • Count your directorships. A person can be a director of up to 20 companies, of which not more than 10 can be public companies (Section 165).
  • Check name overlap. A new name that is close to your earlier company's name, or to someone else's, can be rejected. See Company name availability check.

Why is Company Registration an important decision?

Registration is not just paperwork. Several choices made on day one are slow and costly to change later.

Decision Why it matters later
Structure (PVT. LTD., LLP or OPC) Converting later needs fresh filings and approvals, and some routes are not available at all.
Shareholding between founders Changing it later means share transfers or allotments, with stamp duty and tax questions.
Main objects in the MoA Too narrow an object clause needs a special resolution and a filing to change.
Authorised capital Increasing it later costs MCA fees and stamp duty.
Name A name that conflicts with a trademark can be ordered to change (Section 16).
Registered office Moving to another state needs regional director approval.

Investors, banks and later buyers of the business also look at these records. Getting them right at the start is far cheaper than correcting them. Common slips are listed in 10 mistakes founders make at Company Registration.

Why should you be careful with ₹999 or ₹9,999 registration packages?

A low advertised price is not wrong in itself. The question is what that price covers. In many cases the headline figure is only the professional fee, and the full cost appears later.

  • Government fees are usually extra. Stamp duty on the MoA and AoA, the name application fee (₹1,000 for a company, ₹200 for an LLP) and any fee above the MCA waiver are paid separately. Stamp duty differs from state to state. See Company Registration cost in India.
  • DSCs are often excluded. Each director needs one, and its cost is frequently added at the next step.
  • Extras appear one at a time. An extra director, higher authorised capital, a name resubmission or a courier charge can each be billed separately.
  • The real income may be the yearly retainer. Some low-price offers depend on selling an annual compliance plan afterwards. That plan may be useful, but compare it on its own merits.
  • Volume can mean less attention. A very low price usually means many files handled quickly, often by junior staff, with little time to discuss your structure, shareholding or objects.

"Zero fee" offers work the same way; Is free Company Registration really free? explains what they include and exclude. The useful comparison is the total cost, in writing, together with who will do the work.

Is the person a genuine advisor or a salesperson with a target?

Many firms use sales teams to answer enquiries. That is normal, but the person who advises you on structure and documents should be a qualified professional, not someone paid on the number of sign-ups.

A genuine advisor usually A sales-led call usually
Asks about your business, co-founders, funding plans and turnover before suggesting a structure Recommends a structure within the first minute
Explains the yearly compliance and its cost along with Registration Talks only about the Registration price
Tells you when an LLP, an OPC or even a proprietorship suits you better Pushes the package that is on offer
Gives a written scope with every fee and exclusion Quotes one figure on the phone or chat
Is comfortable with you taking time to decide Uses "offer ends today" pressure
Names the professional who will certify your forms Cannot say who will handle your file

How do you check the background of the person handling your Registration?

SPICe+ and FiLLiP carry a declaration and certification by a practising professional, such as a Company Secretary, Chartered Accountant, Cost Accountant or advocate. That person is responsible for what is certified, so you are entitled to know who they are.

  1. Ask for the name and qualification of the professional who will prepare and certify your forms, not just the firm's brand name.
  2. Ask for the membership number and whether they hold a certificate of practice. You can check a Company Secretary on the ICSI website and a Chartered Accountant on the ICAI website.
  3. Ask about relevant experience, for example how many companies or LLPs they have registered and whether they handle compliance after Registration.
  4. Check the office address and whether you can meet or speak to the professional directly.
  5. Get a written engagement letter listing the scope, every fee, exclusions, timelines and who to contact for questions.
  6. Read reviews with care. A few detailed reviews that mention the person by name tell you more than a high star rating.

Who does what between a CS and a CA is explained in CA or CS: who does what for your company?

Who should control your DSC, MCA login and documents?

You should. The Digital Signature Certificate is your legal signature, and the mobile number and email on the MCA forms receive every future OTP and notice, so they should be yours and the company's, not the agent's. Never share an OTP without knowing what it is for, and ask for a full set of what was filed: the Certificate of Incorporation, MoA, AoA, PAN, TAN, the filed forms and their receipts. The practical rules are set out in Company Registration services and packages and Digital Signature Certificate (DSC).

What questions should you ask before you pay?

  1. Which structure do you suggest for my situation, and why not the others?
  2. What is the total cost, including government fees, stamp duty for my state and DSCs?
  3. What is not included?
  4. Who will certify my forms, and what is their membership number?
  5. How long will it take, and what can delay it?
  6. What will the MoA objects and authorised capital be?
  7. What has to be done after Registration, by when, and at what yearly cost?
  8. Will I get the DSC token, filed forms and all documents back?
  9. Who do I contact if there is a query from the Registrar?
  10. Is any of this cost refundable if the name or application is rejected?

Is the Certificate of Incorporation enough to start business?

No. Think of a trip abroad. A flight ticket and a hotel booking do not let you enter another country; you also need a passport, a visa and clearance at immigration. Company Registration works the same way. The Certificate of Incorporation is the flight ticket: it shows the company or LLP exists. To actually run the business, you need more.

Travelling abroad Starting your company or LLP
Flight ticket and hotel booking Certificate of Incorporation, with the CIN or LLPIN
Passport PAN, TAN and a bank account in the entity's name: the identity it uses to receive money, pay and deduct tax
Visa for the country you visit Registrations for your line of business: GST Registration where required, professional tax and Shops and Establishment registration under state law, and sector licences such as FSSAI for food or an Import Export Code for imports and exports
Immigration clearance on arrival For a company, INC-20A (declaration of commencement of business) within 180 days; for an LLP, the LLP Agreement in Form 3 within 30 days
Following the local rules during your stay Yearly compliance: audit, ROC filings, income tax and GST returns

So when you compare Registration offers, ask what happens after the certificate arrives: who helps with the bank account, INC-20A or Form 3, GST and the licences your business needs, and what the yearly compliance will cost. The first steps are set out in Your first 30 days after Registration, and whether you need GST is explained in Who must register for GST.

What should you check after the Registration is done?

  • Check the MCA record. Search the company or LLP name on the MCA portal's master data service and confirm the CIN or LLPIN, the directors or partners, the registered office and the capital.
  • Read the Certificate of Incorporation. Check names, dates and the PAN and TAN printed on it.
  • Keep the MoA and AoA (or the LLP Agreement) safely, and read the objects and capital clauses.
  • Note the first deadlines. A company must hold its first board meeting and appoint its auditor within 30 days and file INC-20A within 180 days; an LLP must file its LLP Agreement within 30 days. See The first 180 days and The LLP Agreement.
  • Plan the yearly filings. The detailed checklists for a Private Limited Company, an OPC and an LLP list every form and due date.

Key takeaways

  • First-time founders should understand the structures before choosing; repeat founders should check their DIN, KYC, DSC and earlier companies first.
  • Structure, shareholding, objects, capital and name are slow and costly to change later.
  • Compare the total written cost, not the advertised ₹999 or ₹9,999 figure.
  • Speak to the qualified professional who will certify your forms, and verify their membership.
  • The Certificate of Incorporation is only the flight ticket; PAN, TAN, a bank account, INC-20A or Form 3, business licences and yearly compliance are the passport, visa and rules that let you actually operate.
  • Keep control of your DSC, contact details, MCA records and documents.

Sources

  1. Companies Act, 2013: Section 7 (incorporation), Section 13 (alteration of memorandum), Section 16 (rectification of name), Section 155 (only one DIN), Section 164(2) (disqualification) and Section 165 (number of directorships)
  2. Companies (Incorporation) Rules, 2014 (SPICe+ declaration and certification by a professional)
  3. Company Secretaries Act, 1980 and Chartered Accountants Act, 1949
  4. Information Technology Act, 2000 (electronic signatures)
  5. Companies Act, 2013 (India Code)
  6. The Institute of Company Secretaries of India (ICSI)
  7. The Institute of Chartered Accountants of India (ICAI)
  8. Ministry of Corporate Affairs: e-forms, fees and due dates

This page explains the law in simple words, for learning. It is not legal advice. Rules, fees and due dates change, so check the official source before you file. Spotted an error? Tell us on WhatsApp, and the page will be corrected.

Frequently asked questions

Are ₹999 company registration packages genuine?

Some are, but the advertised figure is often only the professional fee. Stamp duty, the name application fee, DSCs and extras such as an additional director are usually charged separately, and some offers depend on selling a yearly compliance plan afterwards. Ask for the total cost in writing, including every government fee for your state, and ask who will actually handle your file.

How do I check if a Company Secretary or Chartered Accountant is genuine?

Ask for the professional's full name, membership number and whether they hold a certificate of practice. A Company Secretary can be checked on the ICSI website and a Chartered Accountant on the ICAI website. The professional who certifies your SPICe+ or FiLLiP form is responsible for that certification, so you are entitled to know who it is.

I already have a DIN from an earlier company. Do I need a new one?

No. A person can hold only one DIN, and it is used for every company or LLP you join. Before a new Registration, check that your DIR-3 KYC is current, that your DSC has not expired and that none of your earlier companies has a filing default that could disqualify you as a director.

Who should keep my Digital Signature Certificate after registration?

You should. The DSC is issued in your name and works as your legal signature on MCA filings. If someone else holds the token for filing, make sure it is returned to you afterwards, and do not share its PIN or OTPs without knowing exactly what they are being used for.

What should I check once my company is registered?

Search the company on the MCA portal's master data service and confirm the CIN, directors, registered office and capital. Check the Certificate of Incorporation, PAN and TAN, keep the MoA and AoA, and note the first deadlines: the first board meeting and auditor within 30 days and INC-20A within 180 days of incorporation.

CS. Bhavik Hariyani

About the author

CS. Bhavik Hariyani

Working with Startups on Corporate Law and Compliance since 2009.

He writes and reviews every lesson on this website.