Private Limited Company Registration

In India, forming a Company is a simple process and is done online. The primary website for the process of registering businesses is the ministry of corporate affairs (MCA). A firm might gain additional advantages and benefits by registering. The reputation and credibility of your business is enhanced by registration of the company. Registering your business involves a step-by-step process which requires a professional approach. So, it’s crucial to think about employing our services for company formation.

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Introduction

Companies can be registered in India under a variety of categories, including private limited companies, limited liability partnerships, and one-person companies. One of the highly advised ways to start a business in India is to set up a private limited company. The most important step after making the decision to launch a business is to choose an appropriate business structure in India. A number of things, including your business name, your liability to the company, and how to file your taxes and statutory dues, will depend on the choice of the best business structure. According to the procedure of online company registration in India, the business structure determines the company’s ability to succeed financially and operationally.
A Private Limited Company Registration is one of the most frequently mentioned legal structure alternatives for companies in India. Start-ups and prospective businesses typically want to register as private limited corporations since it makes it simple to attract outside capital. It restricts the shareholders’ liabilities and also permits them to provide Employee Stock Options (ESOP) in order to entice top personnel. Make sure to acquire online company registration assistance from our professionals if you want to start a business in India.

Benefits

A firm might benefit in several ways from being registered. It can benefit your company in the following ways:
• It shall be treated as a distinct legal entity;
• It guarantees protection against additional risks and losses while defending against personal accountability;
• The company’s directors are eligible for tax benefits;
• The business would be able to draw in more clients;
• The business will increase brand recognition;
• A global reach is possible with the aid of a company’s organisational structure.
• Improved interactions with vendors, vendors, and customers;
• A registered business may file or respond to legal action.
• Entering a corporate atmosphere makes it simple to stand out from the crowd;
• Increases stability and capital contribution;
• Increases the possibility of development and expansion;
• Facilitates obtaining bank loans and investments from reputable investors.

Regulatory Body

The Ministry of Corporate Affairs is India’s main regulating body for the company registration procedure (MCA). When someone wishes to start a business, they must submit the necessary information and paperwork to the MCA so that they may process their application. Specific paperwork must be filed with the Registrar of Companies after the firm is incorporated. MCA is used for post-incorporation compliances as well.

Registration Checklist

We urge you to review the following checklists before continuing with the registration process:

  • Minimum 2 Directors/Person

A minimum of two individuals must serve as shareholders or directors of the firm in order for it to be registered as a private limited company in India. A company may have up to 15 directors. The obligation to produce a passport and other documents is required if the shareholders are foreign nationals.

  • Authentic Name

The company should have an original name that is distinct from any other businesses already in existence. Additionally, you should check the trademark registry to make sure that the name is distinct from any other registered or pending trademarks in India. Any provisions of any Indian intellectual property legislation that are in effect shall not be violated by the company name. The name must not violate either India’s Trade Marks Law or the Copyrights Act.

  • Capital Necessity

There is no minimum capital requirement for a corporation; investments must be made in accordance with business needs. But even the government fee is included when calculating capital. Under this, minimum capitalization requirements are taken into account.

  • Registered Address

There is no requirement for a business area at the registered office. Even a rental home can become a registered office, but NOC from the landlord should be obtained.

Registration Process

Start-up businesses might gain a number of advantages over unregistered businesses by registering their business. Some people may find the process of registering a corporation to be challenging due to the numerous compliances involved.

  • Filling a DSC application (Digital Signature Certification)

Applying for a Digital Signature Certificate is the first step in creating an application for company registration (DSC). An official document used to verify information is a digital signature certificate. Typically, electronic documents are signed using a digital signature certificate. Consequently, take sure to apply for the DSC with the Ministry of Corporate Affairs when forming a firm (MCA).

  • Request for a DIN ( Director Identification Number)

It is essential to apply for the director identity number, or DIN, after submitting your DSC application. When a corporation hires a director, DIN would be proof that all compliance requirements have been satisfied. The director identification number for the company must be requested by the applicant for company registration.

  • Name of the Company’s Availability

The next step is to confirm the business name. Under corporation registration, this procedure is required. When you check the firm name, the portal will let you know whether the name has already been chosen and if it violates any Indian intellectual property law rules. On the MCA portal, it is possible to check whether the company’s name is available.

  • Online submission of the articles of association and the memorandum of association

The articles of association and memorandum of association must be submitted online by the applicant for business formation. Legal certainty on the company’s formation would be provided by filing these documents. The Ministry of Corporate Affairs Portal must be used for this procedure.

  • Declaration of Incorporation

After the aforementioned procedure is complete, the MCA and ROC will assess the application; if there are no problems, the applicant will be given a certificate of incorporation. The company’s legal standing is established by the certificate of incorporation, which is a legal document.

Required Documents

The registration process necessitates the submission of a few key papers. These are what they are:

  • Copy of PAN Card or Passport of directors (Foreign Nationals &NRIs)
  • 2 Passport size photographs of directors of the company
  • ID proof such as Aadhaar Card or Voter identity card of directors
  • Copy of address proof rent agreement or property papers
  • Electricity or Water bill of company place
  • Landlord NOC in case of rented office
  • In the case of personal property, a copy of sale deed or property deed
  • For foreign nationals, a notarized copy of the passport must be submitted mandatorily. Only valid documents need to be submitted. The residence proof documents like a bank statement or electricity bill must be less than two months old.
  • Registered Office Proof

Note: A registered office is a requirement for company registration in India. A current copy of the electricity bill, the property tax receipt, or the water bill must be submitted in order to demonstrate the functionality of the registered office. Along with the lease, a utility bill, a sales contract, and a letter from the landlord granting permission to use the specific address as the registered office.

Recent updates:

  • SPICEe+ Form Needs Mandatory Registration of EPFO & ESIC; Company Registration Mar 9, 2020. All registered organisations must register for EPFO and ESIC after the launch of the SPICe+ (e-form) for company establishment; none will be provided individually by the various agencies.
  • Mar 06, 2020- A new MCA portal must be used for company registration.The new MCA portal will be used to register public, private, and one-person businesses with the EPFO and ESIC. By merging ten services from multiple departments into a new web form called SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus), it streamlines the registration procedure.

FAQ’s

The entire procedure of forming a company is done online. This process had both an online and an offline component prior to the passage of the 2013 Companies Act. To make India digital, the government has increased the internet component of this process.

The bylaws of the company are represented by the AOA, or Articles of Association. They outline the company’s capabilities and limitations. The company’s goals are reflected in the Memorandum of Association (MOA). For instance, if a corporation is established to solely perform certain tasks, it should only perform those things.

Yes, the business needs a physical location. This is necessary since various government authorities will be involved in all types of communication with the enterprise. In addition, the same will be taken into account when the business must file tax returns.

Although forming a private limited company in India can be done online, the entire registration procedure can take up to two weeks (14 working days).

When deciding on an appropriate name for the firm, the provisions of the Companies Act, 2013, shall be relevant. The company’s name must be consistent with the memorandum of association’s objectives.

Digital signature certificate is referred to as DSC. When documents are submitted electronically, this certificate is used. A DSC makes e-signatures easier to create. The director identification number is known as DIN. This number is typically given when a director is appointed. However, the SPICe form is used to assign the certificate of incorporation when it is submitted.

No, the certificate of incorporation for a private limited business has no expiration date. After receiving the certificate, the corporation keeps operating until closed or deregistered, whichever comes first.

You can join a private limited company as a director if you’re a foreigner or NRI. The business is not required to obtain any kind of official approval.

A private limited business must comply with the following regulations, among others:

  1. Auditor Appointment.
  2. Convene AGM.
  3. Income Tax Return filing.
  4. Filing of Annual Return and financial statements etc.

Applying for a trademark and a copyright, respectively, can protect the firm name. You can receive this by contacting the Indian IP office.

The various types of company registration include the following:

  • Private Limited Company
  • Public Limited Company
  • One Person Company

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