Among India’s entrepreneurs, a Private Limited Company (Pvt Ltd) registration is considered of great potential. This legal structure generates credibility and trust among customers and provides benefits including limited liability, fundraising and structured regulatory framework. Still, the company registration process is confusing and daunting for many aspiring entrepreneurs. This guide will simplify the process of incorporation of private limited company in India for newcomers.
Understanding Private Limited Company
Before you start the registration procedure, first discover what a Private Limited Company is. Under the Companies Act of 2013, a Private Limited Company includes 2 shareholders with a maximum of 200. Shareholders are Indian or foreigners or corporations without nationality restrictions. This particular kind of company has a separate legal identity – it can possess assets, carry responsibility, and also make contracts in its name.
Benefits of Incorporating a Private Limited Company
The benefits of pvt ltd company registration in India are:
- Limited Liability: Personal assets of shareholders are protected in the event the company goes under a debt or even loses money.
- Ease of Raising Funds: Pvt Ltd companies might raise capital from venture capitalists, angel investors and private equity companies.
- Legal Protection: Registering provides a legal framework which strengthens the company’s credibility and compliance.
- Perpetual Existence: The company continues to exist even once the ownership changes.
- Tax Benefits: Under Indian law Pvt Ltd companies enjoy various tax exemptions and incentives.
Basic Requirements for Private Limited Company Registration
Certain needs for the incorporation of a private limited company in India are to be satisfied, like:
- Number of Members & Directors: There have to be more than two members (shareholders) and maximum 200. The company has to also have more than 2 directors, one a citizen of India that has remained in the country for more than 182 days in the preceding calendar year.
- Director Identification Number: All directors have to have a DIN.
- Digital Signature Certificate: An authorized director must present a Class 3 DSC to certify the online company registration application.
- Company Name: The name should be distinct, relevant to the business activity and conform to MCA guidelines.
- Registered Office Address: The company will supply an official address in India for correspondence.
Private Limited Company Registration in India – Step by Step Guide
With the basics covered, let us now proceed with the company registration in India process.
Step 1: Obtained DIN and DSC for Promoters
Step one in the registration procedure is to get the Director Identification Number along with Digital Signature Certificate for directors or promoters of the business.
- DIN: Apply for DIN online at the MCA portal using Form DIR-3.
- DSC: Get a Class 3 DSC to sign electronic documents in the registration stage.
Step 2: Select and Reserve Company Name
Selecting the best name for your company is essential. The name mustn’t compete with existing trademarks or company names.
- Submit an application with up to two names via the SPICE Plus PART A form on the MCA portal.
- Application costs Rs. 1000, and the Registrar of Companies will consider the name subject to certain conditions and also approve it.
Step 3: Draft MOA & AOA
The MOA and AOA describe the company goals and organizational guidelines.
- MOA: Describes the key goals and scope of operations of the company.
- AOA: Details internal governance rules and regulations.
Step 4: FILE SPICE Plus Application
SPICE Plus Application (INC-32) is a single form for company incorporation with DIN allocation, name reservation along with other essential registrations.
- Fill in and submit a SPICE Plus application through the MCA web portal.
- Attach all documents including the MOA, AOA and proof of registered office address.
Step 5: Get Company Registration Certificate
RoC reviews the application following submission of SPICE Plus application and necessary documents. The RoC will issue a Certificate of Incorporation once approved.
- This certificate proves your company is legal.
- The company additionally receives its Permanent Account Number & Tax Deduction and Collection Account Number on registration.
Documentation Required for Company Registration.
Proper documentation is part of the pvt ltd company registration. The essential documents required include:
From Promoters:
- PAN Card (Indian nationals only) or Passport (foreign nationals only).
- Address Proof (recent electric bill payments, Aadhaar Card, Voter ID or Passport).
- Passport-size photographs of all shareholders and directors.
Registered Office Documents:
- Proof of Registered Office Address (last electric bill or lease/rent agreement).
- No objection certification from the landlord.
Legal Drafts and Forms:
- MOA & AOA.
- DIR-2 (consent of directors).
- INC 9 (declaration of first directors and subscribers).
- INC-14 (professional declaration of compliance.
Time and Cost of Registration of Pvt Ltd Company Registration
The company registration process takes from ten to 15 working days with regards to the completeness and acuity of the submitted application and also the RoC workload.
Costs Involved:
1. Government Fees:
– Name approval fee: Rs. 1,000.
– Registration fees depend on the company’s authorized capital.
2. Professional Fees:
– Fees incurred by consultants or legal professionals who assist in registration.
3. Stamp Duty:
– Vary by state and on authorized capital.
4. DSC & DIN Costs:
– Fixed fees for Digital Signatures and Director Identification Numbers.
Conclusion
Possibly the most difficult task when incorporating a private limited company in India is understanding the procedure and requirements. The benefits of private limited company registration are substantial – legal protection, credibility, growth & investment potential. Following this easy guide will help an aspiring entrepreneur pass the company registration in India easily.
FAQs
What is the number of days needed to incorporate a company in India?
In India it takes generally 10-18 working days to register a Private Limited Company when all the papers are there and no complications happen. Though the exact time might vary.
How much will incorporation in India cost?
The cost of Incorporation of a private limited Company could be Rs. 6,000 – to Rs. 30,000/- depending upon a number of factors.
How can a company get incorporated?
Incorporation of a company is via the SPICe + form, submitted online via the MCA site. When completed, the ROC will examine the form and supporting documentation and issue the Certificate of Registration upon examination.
Can a company begin its business immediately after incorporation?
It’s only a private company which turns into a legal entity once it has been registered. Consequently only a private company can immediately start business once incorporated.
What is minimum Pvt Ltd Company turnover?
A one person Company must change to a Private Limited company once its yearly sales turnover exceeds Rs. 2.00 crores or its paid up capital exceeds Rs. Fifty lakhs within 2 months.
