Starting a business in India is full of opportunities to grow, innovate, and create impact. But a great idea alone isn’t enough—you need the right legal foundations from the start. Having the right documentation in place goes beyond meeting legal requirements—it safeguards your interests, strengthens investor trust, and lays a solid foundation for long-term growth.
Whether you’re a first-time entrepreneur or investing from abroad, this guide will take you through the essential legal documents required to get started.
This guide divides the key documents into two categories:
Mandatory Documents
Mandatory documents required by law for incorporating and running a business in India.
- Memorandum of Association (MoA)
- Articles of Association (AoA)
- Director Identification Number (DIN)
- Digital Signature Certificate (DSC)
- Certificate of Incorporation
- Company PAN Card
- Tax Deduction and Collection Account Number (TAN)
- Goods and Services Tax Identification Number (GSTIN)
- No Objection Certificate (NOC)
Recommended Documents
Not legally required for incorporation, but strongly advised for smooth operations, clarity, and investor confidence.
- Founders’ Agreement
- Shareholders’ Agreement
- Trademark Registration
- Non-Disclosure Agreement (NDA)
- Employee Offer Letter
- Privacy Policy & Terms of Use
- Incorporation Documents for Foreign Nationals
Private Limited Company Registration in India
Register your Private Limited Company in India for limited liability, better credibility, and easy fundraising. Start your business with full legal compliance.
Registering a private limited companyMemorandum of Association (MoA)
The Memorandum of Association (MoA) is one of the key documents you need to register a company in India. It defines the scope and boundaries of what your company can and cannot do. It generally includes:
- Name Clause: The legal name of your company
- Registered Office Clause: Where your company’s main office is located
- Object Clause: Permitted business activities and objectives
- Liability Clause: Extent of liability of members/shareholders
- Capital Clause: Authorised share capital of the company
The MoA must be filed with the Registrar of Companies (RoC) at the time of incorporation.
Articles of Association (AoA)
While the MoA outlines the objectives, the Articles of Association (AoA) act as the internal rulebook for day-to-day operations. It includes:
- Rules for appointing directors
- Rights and duties of shareholders
- Board Meetings and General Meetings procedures
- Dividend declaration and distribution policies
Both the MoA and AoA must be submitted to the Ministry of Corporate Affairs (MCA) during registration. These two documents lay out the structure, rules, and purpose of your company from day one.
Director Identification Number (DIN)
Anyone who’s going to be a director must have a DIN (Director Identification Number). It’s a unique ID given by the Ministry of Corporate Affairs (MCA), and it’s required by law. No DIN, no directorship—simple as that.
How to Apply:
- Fill the DIR-3 form on the MCA portal
- Provide identity and address proof
- Pay the applicable government fee
Shareholder Agreement
This agreement defines the rights, roles, and responsibilities of the company’s shareholders. It is not legally required, but highly recommended.
Key inclusions:
- Shareholding structure and percentage of ownership
- Rules for transfer or sale of shares
- Exit strategy for shareholders
- Dividend policy and voting rights
Having this agreement in place brings transparency, protects minority shareholders, and creates confidence for future investors.
Founders’ Agreement
A Founders’ Agreement is not a legal requirement but is highly advisable for startups with multiple co-founders. It helps set clear expectations, minimises future disputes, and reassures potential investors that the business has a strong governance framework.
It usually covers:
- Roles and day-to-day responsibilities of each founder
- How is the equity divided
- Intellectual property ownership
- How key decisions will be made
- Exit terms and dispute resolution mechanisms
The best time to create this agreement is early, before operations or conflicts arise.
Certificate of Incorporation
The Certificate of Incorporation is issued by the Registrar of Companies (RoC) after your registration documents are approved. It’s the official proof that your company legally exists.
You’ll need it for things like:
- Opening a business bank account
- Signing contracts
- Starting operations as a registered company
This certificate includes the company’s CIN (Corporate Identification Number).
Trademark Registration
Your brand name and logo are key assets. To protect them, you should register them with the Trademarks Registry under the Trade Marks Act, 1999.
Here’s why it matters:
- You get legal ownership of your brand
- It protects you from others copying or misusing it
- It adds value and helps build brand recognition
The application can be filed online through the IP India portal, making the process simple and accessible.
No Objection Certificate (NOC)
If you’re using a rented property as your registered office, a NOC from the property owner is mandatory. It must:
- Be on the owner’s letterhead
- Clearly state no objection to using the premises as an office
- Be accompanied by a utility bill or a rent agreement
Company PAN Card
Every business in India must have a Permanent Account Number (PAN) from the Income Tax Department. It’s a basic requirement and here’s why it matters:
- You need it to open a business bank account
- It’s required for filing income tax returns
- It’s used in most financial transactions, including payments and invoices
When you get it:
The PAN application is processed along with company incorporation through the SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) form on the MCA portal.
The PAN is allotted automatically once the Certificate of Incorporation is issued.
Tax Deduction and Collection Account Number (TAN)
A TAN is required for companies that must deduct or collect tax at source (TDS/TCS) on payments such as salaries, rent, professional fees, or contractor bills. It is issued by the Income Tax Department.
Why it matters:
- Mandatory for deducting and depositing TDS/TCS
- Required for filing TDS returns
- Ensures compliance with income tax law
When you get it:
- Under the SPICe+ incorporation process, a company’s TAN is allotted automatically along with its PAN once the Certificate of Incorporation is issued.
- No separate application is required.
Goods and Services Tax Identification Number (GSTIN)
If your annual turnover exceeds ₹40 lakhs (₹20 lakhs for some states), or you deal with interstate supplies, GST registration is mandatory.
What you need:
- PAN card
- Proof of business address
- Identity proof
- MoA and AoA
- An authorisation letter or a board resolution
Register on the GST portal and obtain your GSTIN to avoid penalties and ensure smooth operations.
Non-Disclosure Agreement (NDA)
An NDA ensures that your company’s confidential information stays protected. It is signed by employees, partners, vendors, and even potential investors.
Important clauses:
- Definition of confidential information
- Duration of confidentiality
- Penalties for breach
It fosters trust and protects your trade secrets.
Employee Offer Letter
When hiring employees, always issue a formal Offer Letter. It outlines:
- Job title and description
- Salary and benefits
- Terms and conditions of employment
- Notice period and probation
Having a clear offer letter protects both the employer and the employee.
Incorporation Documents for Foreign Nationals
Foreign nationals can also incorporate a business in India but additional documentation is required to meet legal and regulatory standards.
- Valid passport (notarised and apostilled)
- Proof of overseas (utility bill, driving license, etc.)
- Board resolution for approving Indian incorporation (if applicable)
- Power of Attorney (PoA), if representatives are authorised to act on their behalf
All documents must be notarised and apostilled, or certified by the Indian embassy/consulate in the applicant’s home country.
Conclusion
Getting your legal paperwork in order might feel like a hassle, but it’s one of the most important things you can do when starting a business in India. Each document serves a specific purpose, whether it defines how your company operates, protects your brand, or sets expectations between partners.
Whether you’re launching a startup, running a small business, or expanding into India from abroad, ensure that all mandatory and recommended documents are in place and up to date.
Need assistance with company registration, documentation, or compliance? The team at Finguru India can guide you through every step.
Frequently Asked Questions (FAQs)
