Choosing a structure and getting the founding documents right is the decision that shapes everything else: liability, ownership, funding and compliance all flow from how the business is set up. In India a Private Limited company and an LLP are the two most popular vehicles, each with its own rulebook. Clean founding documents save you from costly corrections at the Registrar of Companies later. These templates help you incorporate and govern your business on a solid footing.
Choose your legal document:
When to use these templates
When you incorporate a Private Limited company. The company is governed by the Companies Act 2013 and is registered with the Ministry of Corporate Affairs through the SPICe+ process. You will need a memorandum and articles of association, consents and the resolutions that accompany the application.
When you set up an LLP. The Limited Liability Partnership Act 2008 combines limited liability with the flexibility of a partnership. The LLP agreement is the heart of it: it sets out the contribution, profit sharing and management of the partners.
When partners work without incorporating. A partnership deed under the Indian Partnership Act 1932 records the capital, profit sharing, roles and exit of each partner. Registration of the firm is optional but strongly advisable, because an unregistered firm cannot easily enforce its rights in court.
When ownership and control need to be agreed. A shareholders agreement governs how a Private Limited company is run between its owners: rights on transfer, reserved matters, board seats and what happens on a deadlock or an exit.
What you will find in this category
- Incorporation documents: memorandum and articles of association, consents and founder resolutions for a Private Limited company.
- LLP agreements: contribution, profit sharing, management rights and admission or retirement of partners.
- Partnership deeds: for a firm under the Indian Partnership Act 1932, with capital, roles and dissolution terms.
- Shareholders agreements: transfer restrictions, pre-emption, tag and drag rights, reserved matters and exit.
- Board and shareholder resolutions: appointments, banking, allotments and routine approvals.
Legal framework and key points to watch
A Private Limited company is incorporated under the Companies Act 2013. There is no longer a minimum paid-up capital requirement (the earlier one-lakh-rupee floor was removed in 2015), but you still need at least two directors and two shareholders, a registered office, director identification numbers and digital signatures, and incorporation through the SPICe+ form on the MCA portal. The articles of association are binding internal rules, so they should match the shareholders agreement to avoid conflict.
An LLP is incorporated under the LLP Act 2008 and is also registered with the Registrar. Its partners enjoy limited liability, and the LLP agreement must be filed after incorporation. A general partnership, by contrast, is formed under the Indian Partnership Act 1932 and exposes the partners to unlimited personal liability; registering the firm is optional but matters, because Section 69 bars an unregistered firm from suing to enforce certain rights.
The most common pitfalls are a mismatch between the articles and the shareholders agreement, a vague objects clause, and missing post-incorporation filings and resolutions. Keeping the statutory registers and minutes in order is not paperwork for its own sake -- it is the evidence that decisions were validly taken.
Why our templates
- Aligned with the Companies Act 2013, the LLP Act 2008 and the Indian Partnership Act 1932.
- Updated as MCA practice and the registration process evolve.
- Reviewed by legal professionals, with consistent articles, agreements and resolutions.
- Ready to use as PDF and Word, so you can file or adapt them immediately.
- Practical structure: guided fields for capital, shareholding, roles and reserved matters.