A private limited company is a business entity offering limited owner liability. It is apt for a small number of shareholders and allows up to 200 members along with flexibility in shares and shareholdings.
One of the most highly recommended methods for starting a business in India is to establish a private limited company, which provides its shareholders with limited liability while imposing certain ownership restrictions. When it is LLP, the partners will manage it. On the other hand, a private limited company registration allows for directors and shareholders to be separate entities.
As your dependable legal advisor, Vakilsearch offers a cost-efficient service for registering your company in India. We handle all legal procedures and ensure compliance with the regulations set forth by the Ministry of Corporate Affairs (MCA). Upon successful completion of the pvt Ltd company registration process, we provide you with an Incorporation certificate (CoI), as well as PAN and TAN documents. With these in hand, you can easily establish a current bank account and commence your business operations.
Benefits of Pvt Ltd Company Registration
There are numerous advantages to registering a company. By doing so, you enhance the credibility of your business, which can lead to increased consumer trust. Additionally, company registration online can provide various benefits that can help your business to grow and succeed.
- Shield from personal liability and protects from other risks and losses
- Attract more customers
- Procure bank credits and good investment from reliable investors with ease
- Offers liability protection to protect your company’s assets
- Greater capital contribution and greater stability
- Increases the potential to grow big and expand
How to Register a Company?
Registering a company in India has become incredibly convenient and accessible. At Vakilsearch, we have simplified the process to ensure a seamless experience, whether you want to register a private limited company or any other business structure. You can gain comprehensive insights into the registration procedure with few essential steps. The online registration system has made the entire process user-friendly and streamlined, eliminating any hassles.
Steps For Company Registration Process in India
Step 1: Collecting Initial Documents
Gather the necessary documents and get them verified for the incorporation process.
Step 2: DSC and Name Approval
Apply for Digital Signature Certificate (DSC) and seek approval for your company name from MCA.
Step 3: Collecting Additional Documents
Acquire the second set of required documents and ensure their verification.
Step 4: Drafting MOA and AOA
Prepare the Memorandum of Association (MOA) and Articles of Association (AOA) for your company.
Step 5: Final Form Upload
Upload the completed documents and forms for the final stage of company incorporation.
Characteristics of Private Limited Company
Members
According to the applicable Act, a private limited company must have a minimum of two members, with a maximum limit of 200 shareholders.
Number of directors
As per the Act, a private limited company is required to have a minimum of two directors, while the maximum number of directors allowed is 15.
Limited liability
In a private limited company, the liability of its members or shareholders is limited. This means that in the event of company losses, shareholders are not personally liable to sell their personal assets for repayment. They are only responsible for the amount of shares subscribed or the guaranteed amount agreed upon.
Perpetual succession
Perpetual succession ensures that a private limited company continues to exist legally, regardless of factors such as insolvency, bankruptcy, or the death of any of its members. The company’s existence is perpetual.
Authorized and paid-up share capital
A private limited company must have an authorized share capital of at least ₹1 lakh. The amendment to the Companies Act removed the requirement for a minimum paid-up share capital.
Name
The name of a private limited company should include the words ‘private limited’ at the end. For example, if the company name is ABC, it should be written as ‘ABC Pvt. Ltd’ in official communications and registration forms.
Prospectus
A prospectus provides a detailed statement about the company’s status and affairs. However, a private limited company cannot issue a prospectus since it is not permitted to invite the public to subscribe to its shares.
Index of members
A private limited company is not obligated to maintain an index of its members according to the Act. Conversely, a public company is required to maintain such an index.
Checklist for Private Limited Company Registration in India
As defined by the Companies Act, 2013 one must guarantee to meet the checklist requirements without fail for Private Limited Company Registration in India.
Two Directors:
A private limited company must have at least two directors, with a maximum of fifteen. A minimum of one of the company’s directors must be a resident of India.
Unique Name
The name of your pvt ltd company must be unique. The suggested name should not match with any existing companies or trademarks in India.
Minimum Capital Contribution:
There is no minimum capital amount for a Pvt ltd company. A Pvt limited company should have an authorised capital of at least ₹1 lakh.
Registered Office:
The registered office of a pvt ltd company does not have to be a commercial space. Even a rented home can be the registered office, so long as an NOC is obtained from the landlord.
Types of Private Limited Company
Company Limited by Shares
In companies limited by shares, the liability of members is limited to the nominal share amount stated in the Memorandum of Association. Shareholders cannot be held liable for more than the capital invested in the company.
Company Limited by Guarantee
In a private limited company limited by guarantee, the liability of members is limited to the amount of guarantee specified in the Memorandum of Association. Therefore, members of a Private Limited Company Limited by Guarantee are not liable for an amount exceeding their guarantee stated in the Memorandum.
Furthermore, the members’ guarantee in a Company Limited by Guarantee can only be invoked in the event of the company’s winding up. The guarantee provided by the members cannot be called upon while the company is operating normally.
Unlimited Companies
Unlimited companies are businesses with no limitations on the liability of their members. Each member is personally liable for the company’s debts and liabilities to the full extent. Consequently, if an unlimited company is wound up, creditors have the right to recover the company’s debts and liabilities from the shareholders.
Despite not offering limited liability protection to shareholders, an unlimited company is still recognised as a separate legal entity. As a result, the members of an unlimited company cannot be sued individually.
Documents Required for Online Company Registration
The MCA requires proper identity and address proof for private limited company registration in India. The following documents are the requirements for registering a company in India:
Identity and Address Proof
- Scanned copy of PAN card or passport (foreign nationals & NRIs)
- Scanned copy of voter ID/passport/driving license
- Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
- Scanned passport-sized photograph specimen signature (blank document with signature [directors only)
Registered Office Proof
- Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
- Scanned copy of notarised rental agreement in English
- Scanned copy of no-objection certificate from the property owner
- Scanned copy of sale deed/property deed in English (in case of owned property)
Note: Your registered office need not be a commercial space; it can be your residence too.
Private Limited Company Compliances
After the process of company registration in India, it is necessary to adhere to various compliance regulations in order to avoid potential fines and legal repercussions. Some of the key post-registration requirements include:
Auditor Appointment: Within 30 days of company incorporation, every Indian company must appoint a practising, certified, and registered Chartered Accountant(CA).
Director DIN KYC: Every year, individuals who possess a Director Identification Number (DIN) should undergo a DIN KYC process. During the company incorporation process, the company can get the DIN. This helps to verify the phone number and email address on file with the MCA.
Commencement of Business: The shareholders of the company must deposit the subscription amount specified in the MOA within 180 days of incorporation, and the company must create a bank current account. Therefore, to receive a business incorporation certificate, the shareholders of a company established with a paid-up capital of ₹1 lakh must deposit ₹1 lakh into the company’s bank account. They should also file a copy of the bank statement with the MCA.
MCA Annual Filings: Every financial year, the MCA must get a copy of the financial statements from each company registered in India. A corporation that incorporates between January and March may elect to include the first MCA annual return in the annual filing for the following fiscal year. Forms MGT-7 and AOC-4 are the components of the MCA yearly return. The Directors and a working professional must digitally sign both of these documents.
Income Tax Filing: Every financial year, businesses should file an income tax return using form ITR-6. The business should file the income tax before the deadline for each financial year, irrespective of the date of incorporation. The company’s income tax return must be digitally signed using the director’s digital signature.
