Short Answer
The Companies Act, 2013 does not prescribe a deadline by which the Registrar must complete incorporation. What the Act sets out is the process: the documents to be filed, and the point at which the company comes into existence. The practical timeline therefore depends on how quickly the filing is assembled and how quickly the Registrar processes it. (Companies Act, 2013, Section 7) [1]
The company legally comes into existence on the date mentioned in the certificate of incorporation. (Companies Act, 2013, Section 7(2) and 7(3)) [2]
So any answer to "how long does it take" has two parts: the statutory steps (fixed) and the processing time (variable).
Registrar processing time is set by the jurisdictional Registrar of Companies; check the MCA portal before filing.
Step 1 — Decide the Entity Type
A company may be formed for any lawful purpose by seven or more persons (public company), two or more persons (private company), or one person (One Person Company, which is a private company). (Companies Act, 2013, Section 3(1)) [3]
A One Person Company is defined as a company which has only one person as a member. (Companies Act, 2013, Section 2(62)) [4]
The memorandum of a One Person Company must additionally indicate the name of the person who will become the member on the subscriber's death or incapacity, with that person's prior written consent filed with the Registrar. (Companies Act, 2013, Section 3(1) proviso) [5]
Since 1 April 2021, a non-resident Indian may also incorporate a One Person Company, subject to a 120-day residency test in Rule 3 as amended.
[VERIFY] Confirm the text of Rule 3 as amended by G.S.R. 91(E) dated 1 February 2021 against the official gazette notification — it is not held on disk in this repository. (Companies (Incorporation) Rules, 2014, Rule 3 as amended by G.S.R. 91(E) dated 1 February 2021) [6]
Step 2 — Prepare the Memorandum and Articles
The memorandum must state the company's name, with the last word "Limited" for a public company or the last words "Private Limited" for a private company, and the State in which the registered office is to be situated. (Companies Act, 2013, Section 4(1)) [7]
The articles contain the regulations for management of the company, and must also contain such matters as may be prescribed. (Companies Act, 2013, Section 5(1) and 5(2)) [8]
Both the memorandum and the articles must be duly signed by all the subscribers to the memorandum. (Companies Act, 2013, Section 7(1)(a)) [9]
Step 3 — File the Incorporation Documents with the Registrar
To register a company, the following must be filed with the Registrar within whose jurisdiction the registered office is proposed to be situated: the memorandum and articles duly signed by all subscribers; and a declaration in the prescribed form by an advocate, chartered accountant, cost accountant or company secretary in practice engaged in the formation, and by a person named in the articles as a director, manager or secretary. (Companies Act, 2013, Section 7(1)(a) and 7(1)(b)) [10]
These documents are filed today through the integrated incorporation form SPICe+, which covers name reservation and incorporation, with AGILE-PRO-S in the same filing set for GSTIN, EPFO, ESIC, bank account and professional tax registration. (MCA V3 portal, SPICe+ form, as seen 9 Sep 2026; Companies Act, 2013, Section 7(1)(a) and 7(1)(b)) [11]
Step 4 — Director Identification Numbers
A person intending to be appointed as a director must apply for the allotment of a Director Identification Number, and the allotment is made under Section 154. A person cannot obtain more than one DIN. (Companies Act, 2013, Section 153; Section 154; Section 155) [12]
The application for allotment of DIN is made in Form DIR-3; the fee is set by the Central Government and should be checked before filing. (MCA V3 portal, DIR-3 form, as seen 9 Sep 2026; Companies Act, 2013, Section 153) [13]
Step 5 — The Company Comes into Existence
The certificate of incorporation is issued under Section 7(2), and from the date mentioned in that certificate, the company exists. (Companies Act, 2013, Section 7(2) and 7(3)) [14]
From the date of incorporation mentioned in the certificate of incorporation, the company is registered and becomes a body corporate. (Companies Act, 2013, Section 9) [15]
The memorandum and articles bind the company and its members as if they had been signed by each of them. (Companies Act, 2013, Section 10) [16]
Step 6 — Commencement of Business
A company incorporated after the commencement of Section 10A must comply with the requirements for commencement of business before it can begin operations. (Companies Act, 2013, Section 10A) [17]
The declaration is filed in Form INC-20A, within 180 days of incorporation. (Companies Act, 2013, Section 10A) [18]
What Actually Drives the Timeline
The Act sets no processing deadline. In practice the elapsed time depends on: (Companies Act, 2013, Sections 7, 10A, 153 and 154) [19]
- How complete the first filing is — the declaration under Section 7(1)(b) and the signed memorandum and articles under Section 7(1)(a) must be in place before filing.
- DIN readiness — an intending director's DIN must be applied for under Section 153 and allotted under Section 154.
- Registrar processing — the certificate issue under Section 7(2) is the end point.
- Post-incorporation compliance — the Section 10A commencement step applies after incorporation. (Companies Act, 2013, Sections 7, 10A, 153 and 154) [20]
End-to-end processing time and the name-reservation validity window are set by the Registrar and the MCA portal; check the MCA portal before filing.
Common Sources of Delay
- Name availability — dealt with under Section 4 (memorandum contents) and the name-reservation process; no timeline is prescribed in the Act. (Companies Act, 2013, Section 4) [21]
- Incomplete declarations — the Section 7(1)(b) declaration must be given by the specified professionals and a person named in the articles. (Companies Act, 2013, Section 7(1)(b)) [22]
- Missing subscriptions — the memorandum and articles must be signed by all subscribers under Section 7(1)(a). (Companies Act, 2013, Section 7(1)(a)) [23]
Objection practice and re-filing timelines are set by the Registrar; check the MCA portal before filing. (Companies Act, 2013, Section 7(1)(a)) [24]
FAQ
Q1: Is there a fixed number of days for incorporation in the Companies Act, 2013?
No. The Act prescribes the documents and the effect of registration but does not fix a period within which the Registrar must issue the certificate of incorporation. (Companies Act, 2013, Section 7) [25]
Q2: When does a company legally come into existence?
On the date mentioned in the certificate of incorporation issued under Section 7(2). (Companies Act, 2013, Section 7(2) and 7(3)) [26]
Q3: What must be filed to register a company?
The memorandum and articles duly signed by all subscribers, and the declaration in the prescribed form by the specified professionals and by a person named in the articles. (Companies Act, 2013, Section 7(1)(a) and 7(1)(b)) [27]
Q4: Can a One Person Company be incorporated?
Yes. A company may be formed by one person where it is to be a One Person Company, which is a private company, subject to the nominee requirement in the proviso to Section 3(1). (Companies Act, 2013, Section 3(1)(c) and proviso; Section 2(62)) [28]
Q5: What must be done before a new company can start business?
A company incorporated after the commencement of Section 10A must comply with the commencement-of-business requirements in that section. (Companies Act, 2013, Section 10A) [29]
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Internal links: See makeitlegit.in/start for entity selection guidance, and makeitlegit.in/tools/company-type-comparison for a side-by-side comparison of entity types.
Primary source: Companies Act, 2013 — Sections 3, 4, 5, 7, 9, 10, 10A, 153 and 154.
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Sources
- Companies Act, 2013, Section 7 — Incorporation of company
- Companies Act, 2013, Section 7(2) and 7(3) — certificate of incorporation
- Companies Act, 2013, Section 3(1) — Formation of company
- Companies Act, 2013, Section 2(62) — "One Person Company"
- Companies Act, 2013, Section 3(1) proviso — nominee of a One Person Company
- Companies (Incorporation) Rules, 2014, Rule 3 as amended by G.S.R. 91(E) dated 1 February 2021
- Companies Act, 2013, Section 4(1) — Memorandum
- Companies Act, 2013, Section 5(1) and 5(2) — Articles
- Companies Act, 2013, Section 7(1)(a) — memorandum and articles duly signed
- Companies Act, 2013, Section 7(1)(a) and 7(1)(b) — documents and declaration to be filed
- MCA V3 portal, SPICe+ form, as seen 9 Sep 2026; Companies Act, 2013, Section 7(1)(a) and 7(1)(b) — documents and declaration to be filed
- Companies Act, 2013, Section 153 — Application for allotment of Director Identification Number; Section 154 — Allotment of Director Identification Number; Section 155 — Prohibition to obtain more than one Director Identification Number
- MCA V3 portal, DIR-3 form, as seen 9 Sep 2026; Companies Act, 2013, Section 153 — Application for allotment of Director Identification Number
- Companies Act, 2013, Section 7(2) and 7(3) — certificate of incorporation
- Companies Act, 2013, Section 9 — Effect of registration
- Companies Act, 2013, Section 10 — Effect of memorandum and articles
- Companies Act, 2013, Section 10A — Commencement of business, etc.
- Companies Act, 2013, Section 10A
- Companies Act, 2013, Sections 7, 10A, 153 and 154 — incorporation process
- Companies Act, 2013, Sections 7, 10A, 153 and 154 — incorporation process
- Companies Act, 2013, Section 4 — Memorandum
- Companies Act, 2013, Section 7(1)(b) — declaration
- Companies Act, 2013, Section 7(1)(a) — memorandum and articles duly signed
- Companies Act, 2013, Section 7(1)(a) — memorandum and articles duly signed
- Companies Act, 2013, Section 7 — Incorporation of company
- Companies Act, 2013, Section 7(2) and 7(3) — certificate of incorporation
- Companies Act, 2013, Section 7(1)(a) and 7(1)(b) — documents and declaration
- Companies Act, 2013, Section 3(1)(c) and proviso; Section 2(62) — "One Person Company"
- Companies Act, 2013, Section 10A — Commencement of business, etc.
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See Also
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