What is a Private Limited Company?
Private Limited Company in India is the most popular business structure due to stability and growth opportunities served by this corporate structure. It is an organisation registered for defined business objects owned by a close group of members not being more than 200 at a time. The shareholders of the company are said to be the owners, whereas the personnel managing day-to-day operations are called as directors.
A registered company has its separate legal existence apart from its shareholders and directors. Therefore, the personal assets of the shareholders are secured and treated separately from the assets and liabilities of the company. Owing to the separate existence of company, any change in shareholders or management does not affect the survival of the company.
The registration and operations of the companies are governed by Indian Companies Act, 2013 and Ministry of Corporate Affairs (MCA) is appointed as the regulatory body. The centralised and transparent registration process makes this corporate structure highly credible from other entities. The Government of India is consistently introducing such provisions that make the registration process easy and simpler for every start-up especially small scale. Therefore, private limited company registration in India is an easy task when properly assisted by professionals.
Advantages of Private Limited Company
Separation of Management and Ownership
Liability of owner is limited to subscribed capital
No minimum paid-up capital required
Hire Managerial Personnel without affecting ownership
Higher credibility allows ease of raising fund
Eligible to register under Start-up India Scheme
Minimum Requirements for PVT Ltd Company Registration
Minimum 2 Directors
At least 1 director to be Indian Resident
Minimum 2 Shareholders
DIN & DSC of all directors and shareholders
Authorised Capital of Rs 1 Lakh
Registered Office address in India
Documents Required For Private Company Registration
- 1Copy of PAN Card of Directors and Shareholders
- 2Identity Proof of Directors and Shareholders
- 3Address Proof of Directors and Shareholders
- 4Passport Size photograph of Directors and Shareholders
- 5Electricity Bill or Telephone Bill for business place
- 6NOC for business place and Rent Agreement, if any
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Procurement of DSC and DIN
Application for Name Reservation
Documents drafting including MOA and AOA
Certificate of Incorporation
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Frequently Asked Questions
To register as a Limited Company in India, the DSC (Digital Signature Certificate) and DIN (Director identification Number) of all the directors and Subscribers to MOA (owners) is to be acquired. The Registered Office shall also be in existence for online Private Limited Company Registration.
Digital Signature Certificate is provided in a token form and issued by Certified Authorities. Any form filed to register a Private Limited Company online shall be submitted after affixing the DSC of an Applicant. Also, the directors will require DSC for DIN application and the subscribers to MOA shall possess DSC for submitting e-forms for incorporation of Private Limited Company.
Director Identification Number is a unique number assigned by the Ministry of Corporate Affairs to Individuals on application made, which allows any individual to be Director in any Company or Designated Partner in LLP.
Starting a Private Limited Company in India does not require any minimum amount to be infused as capital. However, fee must be paid to the Government for issuing a minimum of shares worth Rs.1 lakh [Authorized Share Capital] during Company Incorporation in India. There is no requirement to show proof of capital invested during the online Private Limited Company Registration process.
Ministry has deployed web form for reservation of name under Private Limited Company. Under "RUN" (Reserve Unique Name), the applicant can make application by providing only 1 name with its significance. Further, there is no re-submission allowed, hence, the name applied should be unique and in accordance with the provisions. Rejection of application will require filing of fresh application with Government Fees.
The Governemnt has waived the fees payable to register a Private Limited Company having Authorised Capital up to 10 Lakh. However, the stamp duty shall be payable towards the State Government for registration of companies.
Authorised capital shows maximum amount of capital, a company can raise by way of issue of shares at present or in future whereas the Paid-up Capital refers to the actual amount raised by the Limited Company i.e. paid by shareholders to the Limited Company on issuance of shares. A company can be incorporated by any amount of Paid-up capital, which can be less that authorised capital but not exceeding such.
Minimum of 2 Directors and 2 shareholders are required in a Private Limited Company. Directors and Members can be same also. Further, maximum 15 Directors and 200 members are permissible to register Pvt Ltd Company.
There are no limitations in terms of citizenship or residency to be a director. But the person should be 18 or above 18 years of age i.e. not a minor. Also, the proposed director shall have DIN (as explained above) and not be disqualified to be appointed as director in Limited Company as per the provisions of Indian Companies Act, 2013. The application of DIN Allotment is now merged with the application for formation of private limited company subject to limit of maximum 3 DIN.
Any person can be a shareholder in a Private Company while online Registration or afterwards. A Body Corporate such as company or LLP; and Association of Persons such as Society or Trust can also hold shares in the company. Further, a group of persons can jointly hold the share in the company.
Yes, a NRI or Foreign National can be a Director in a Private Limited Company after obtaining Director Identification Number. However, at least one Director on the Board of Directors must be a Resident India for Private Limited Company Registration and the criteria shall be followed after company incorporation.
Identity proof and address proof is mandatory for all the proposed Directors and Subscribers of the Private Limited Company. PAN Card is mandatory for Indian Nationals. In addition, the landlord of the registered office premises must provide a No Objection Certificate for having the registered office in his/her premises and must submit his/her identity proof and address proof. For more detail please visit http://www.legalwiz.in/blogs/list-of-documents-required-private-limited-company-registration/
An address in India where the registered office of the Company will be situated is must requirement for formation of private limited company. The premises can be a commercial / industrial / residential where communication from the MCA will be received.
To incorporate a Pvt Ltd Company quickly, make sure the proposed name for the Private Limited Company registration is very unique. Names that are similar to an existing private limited company / limited liability partnership / trademark can be rejected and additional time will be required for resubmission of names. Further, all the documents with respect to the Directors and Subscribers as well as Registered Office shall be as per the requirement.
Pvt Ltd Co has unique characteristic of uninterrupted existence. Once a Company is incorporated, it will be active and in-existence as long as the annual compliances are met with regularly. In case, annual compliances are not complied with, the Company will become a Dormant Company and maybe struck off from the register after a period of time. A struck-off Company can be revived for a period of up to 20 years.
For Incorporation of a Private Limited Company in single day, all the requirements shall be complied with and as stated above, the name applied and all the documents required shall be ready and complete in all manners. However, for drafting all required documents and related process, it takes more than one day.
A private limited company must hold a Board Meeting at least once in every 3 months. In addition to the Board Meetings, an Annual General Meeting must be conducted by the Private Limited Company, at least once every year. Fulfilment of Annual Compliance Requirements are must to maintain active status of the Private Company. (Pvt Ltd Co)
Alike every other entity, there are certain criteria laid down for mandatory registration under GST. Following are few general criteria for mandatory registration:
- An aggregate turnover exceeding Rs. 20 lakh in a financial year mandates registration for a dealer or service provider under this law. However, for dealers conducting business in north-eastern states of India, an aggregate turnover exceeding Rs. 10 lakh mandates a registration.
- Any online platform operator.
- Private Company engaged in inter-state supply of Services.
For further information, please visit our page at http://www.legalwiz.in/gst-registration.
No, it is not necessary to make an application of Trademark Registration for Company Name. The name of the company itself is unique and the same name is not allotted to any other body-corporate being any company or LLP as their name. However, you can voluntarily apply for the Trademark registration to protect name form unauthorised usage by Sole Proprietor and Partnership Firms, etc.
Yes, NRIs / Foreign Nationals / Foreign Companies can hold shares of a Private Limited Company subject to Foreign Direct Investment (FDI) Guidelines.
100% Foreign Direct Investment is allowed in India in many of the industries under the Automatic Route. Under the Automatic Route, only a post-investment filing is necessary with the RBI indicating the nature of investment made. There are a few industries that require prior approval from the RBI, in such cases, approval must first be obtained from RBI prior to investment.
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