Private Limited Company Registration  Hosh February 7, 2025

Private Limited Company Registration

A Private Limited Company is a highly preferred business structure in India, especially for startups and businesses aiming for growth. It is a legally recognized entity that offers limited liability to its shareholders, ensuring their personal assets are protected from business liabilities. With a separate legal identity, it can own assets, enter contracts, and operate independently of its owners.

This structure is ideal for businesses looking to raise funds, attract investors, and establish credibility with customers and financial institutions. It also provides better control over ownership with restricted share transferability, making it a secure and scalable option for entrepreneurs.

4.5

80+ Ratings

Reasons to Register a Private Limited Company

  • Easy Transferability
  • Limited Liability
  • Perpetual succession
  • Improves credibility

Requirements for Incorporation of a Private Limited Company

As per the Companies Act, 2013, the following documents and information are required to incorporate a Private Limited Company in India:

Documents Required :

For Directors and Members

  • Passport Size Photograph
  • Director Identification Number (DIN) – If already available.
  • Digital Signature Certificate (DSC) of all directors.
  • PAN Card – Self-attested copy for both members and directors.
  • Identity Proof – Self-attested (Any one: Passport, Voter ID, Aadhaar Card, or Driving License).
  •  Address Proof – Self-attested (Any one: Bank Statement, Electricity Bill, Telephone Bill, or Mobile Bill not older than 2 months)
  •  Registered Office Address Proof

If Rented/Leased:

  • No Objection Certificate (NOC) from the landlord.
  • Lease Agreement.
  • Recent Utility Bill (Electricity, Mobile, or Telephone Bill – not older than 2 months).

If Owned:

  • NOC from the property owner.
  • Property Papers (Title Deed).
  • Recent Utility Bill (Electricity, Mobile, or Telephone Bill – not older than 2 months).

Basic Information Required

Authorized and Paid-Up Share Capital of the proposed company and the number of shares to be subscribed by members.

Note: There is no minimum capital requirement to start a company.

  • Place of birth and duration of stay at the present residential address of members and directors.
  • Occupation of members and directors.
  • Proposed business activity or objects of the company.
  • Educational qualification of members and directors.
  • Email IDs and contact numbers of all members and directors.

Additional Note

A minimum of 2 directors is required, with at least one director being an Indian resident . By ensuring all the necessary documents and information are in order, we simplify the incorporation process, making it hassle-free and efficient for you.

Process of Private Limited Company Registration

Registering a Private Limited Company involves several steps to ensure compliance with the Companies Act, 2013. Here’s a breakdown of the process:

Step 1: Obtain Digital Signature Certificate (DSC)

All proposed directors must acquire a DSC to digitally sign the necessary documents for the registration process.  A valid government-issued ID and address proof are required to obtain the DSC.

Step 2: Apply for Director Identification Number (DIN)

DIN is a mandatory unique identification number for directors of a company. If the proposed directors don’t already have a DIN, it can be applied simultaneously during the registration process.

Step 3: Reserve a Unique Company Name

Propose and reserve a unique name for your company through the MCA portal.The name must comply with the naming guidelines to avoid rejection.Once approved, the name is reserved for 20 days.

Step 4: Prepare Incorporation Documents

Draft and prepare the required documents, including:Memorandum of Association (MOA) – Defines the objectives and purpose of the company.Articles of Association (AOA) – Outlines the rules and regulations for the company’s operations.Other supporting documents like declarations, affidavits, and address proofs.

Step 5: File for Incorporation with the Registrar of Companies (ROC)

  • Submit the incorporation application through the MCA portal along with the following:
  • Incorporation Form (SPICe+ Form).
  • DSC of all directors.
  • DIN for all directors.
  • Incorporation documents (MOA, AOA, and others).

Step 6: Payment of Registration Fees

Pay the applicable government fees and stamp duty, which vary based on the authorized capital and state of registration.

Step 7: Issuance of Certificate of Incorporation (COI)

Once the application is verified and approved by the ROC, a Certificate of Incorporation (COI) is issued.

The COI confirms the legal existence of the company and includes the Corporate Identification Number (CIN).

Step 8: PAN and TAN Registration

Along with the incorporation process, the company’s PAN (Permanent Account Number) and TAN (Tax Deduction and Collection Account Number) are issued.

Step 9: Open a Bank Account

Use the COI, PAN, and other relevant documents to open a current account in the company’s name.

Changes as per the Amendments Introduced Recently

There have been several important amendments to the company registration process, effective from February 23, 2020. Below are the key changes:

1. SRN Not Required for Name Reservation

There is no need to mention the SRN (Service Request Number) for names reserved in Part A of SPICE+ since it will automatically be displayed when filing Part B after the filing of Part A.

2. Mandatory Registration for ESIC and EPFO

Registration for the Employees’ State Insurance Corporation (ESIC) and Employees’ Provident Fund Organization (EPFO) is now mandatory for all new companies incorporated from 23rd February 2020.

3. Mandatory Registration for Profession Tax

Profession Tax registration has become mandatory for all new companies incorporated in Maharashtra from 23rd February 2020.

4. Mandatory Application for Opening a Bank Account

As per the new guidelines, opening a bank account is mandatory for all newly incorporated companies, and the application must be submitted through the AGILE-PRO linked web form, starting from 23rd February 2020.

5. Declaration of Company’s Subscribers and First Directors

  • The declaration of subscribers and first directors, previously filed through Form INC-9, will now be automatically generated in PDF format and must be submitted electronically, except in the following cases:
  • The number of subscribers and/or directors exceeds 20.
  • Any subscriber and/or director does not have a DIN or PAN.

6. Mandatory Use of e-MoA (INC-33) and e-AoA (INC-34)

  • It is mandatory to use e-MoA (INC-33) and e-AoA (INC-34) when the number of subscribers is up to 7, and under the following conditions:
  • Individual subscribers who are Indian nationals.
  • Individual subscribers who are foreign nationals, provided they have a valid DIN, DSC, and business visa.
  • Non-individual subscribers based in India.

In cases where physical copies of MoA/AoA are needed:

  • Non-individual subscribers based outside India must file SPICe+ (INC-32) with apostilled MOA and AOA.
  • Foreign national subscribers without valid business visas will need to submit apostilled MoA and AOA; e-MoA and e-AoA will not be accepted.

7. Filing of Statutory Return

Companies newly incorporated through SPICE+ and who have obtained EPFO/ESI numbers will need to file a Statutory Return only if the prescribed threshold limit has been exceeded.

These amendments streamline the registration process and ensure compliance with new regulatory standards. Our team ensures smooth implementation of these changes, making the process hassle-free for your company.

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