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Private Limited Company Registration in India
Setting up a business in India often involves choosing a private limited company as a preferred option. This structure offers shareholders limited liability protection while placing specific ownership constraints. In contrast, in the case of an LLP, partners oversee the management. Private limited company registration allows for a clear distinction between directors and shareholders.
At Soarcio, we offer a cost-effective service to facilitate the seamless private limited company registration in India. We handle all legal formalities, ensuring strict compliance with the Ministry of Corporate Affairs (MCA) regulations.
What is a private limited company?
In India, a private limited company is a privately held entity with limited liability, and it ranks among the nation’s most favored business structures. This popularity is primarily attributed to its numerous advantages, including limited liability protection, ease of formation and maintenance, and its status as a distinct legal entity. A private limited company enjoys legal separation from its owners and necessitates a minimum of two members and two directors for its operation. Here are the key characteristics of a private limited company in India:
- Limited Liability Protection: Shareholders of a private limited company are liable only to the extent of their shareholding. Their assets remain safeguarded, even in cases of financial setbacks incurred by the company.
- Separate Legal Entity: A private company possesses its own distinct legal identity. It can own property, engage in contracts, and initiate or defend legal actions under its unique name.
- Minimum Number of Shareholders: A private company must have a minimum of two shareholders and cannot exceed 200 shareholders.
- Minimum Number of Directors: A private limited company necessitates a minimum of two directors. At least one of these directors must be an Indian citizen.
- Minimum Share Capital: The company must maintain a minimum paid-up capital of Rs. 1 lakh or a higher amount as specified.
- Name of the Firm: The private limited company’s name must conclude with the words “Private Limited.”
- Restrictions on Share Transfer: The right to transfer shares within a private limited company is restricted. Shares can only be transferred with the approval of the Board of Directors or following the company’s Articles of Association.
- Prohibition on Public Invitation: Private limited companies are prohibited from inviting the public to subscribe to their shares or debentures.
- Compliance Requirements: Private limited companies are obligated to adhere to various legal and regulatory obligations, including maintaining proper financial records, conducting annual general meetings, and filing annual returns with the ROC.
Types of Private Limited Companies:
- Company Limited by Shares: Shareholders’ liability is limited to the nominal share amount mentioned in the Memorandum of Association.
- Company Limited by Guarantee: Member liability is limited to the amount of guarantee specified in the Memorandum of Association. This guarantee is invoked only during winding up.
- Unlimited Companies: Members of unlimited companies have unlimited personal liability for the company’s debts and liabilities. However, they are still considered a separate legal entity, and individual members cannot be sued.
Advantages of a Private Limited Company
A Private Limited Company Incorporation is one of India’s most popular business structures. It offers several advantages and some disadvantages, let us explain.
- Limited Liability: Shareholders’ responsibility is restricted to the extent of their capital contribution, safeguarding personal assets from the company’s financial obligations and liabilities.
- Distinct Legal Identity: A Private Limited Company possesses an independent legal identity distinct from its proprietors. It has the capacity to own assets, engage in contractual agreements, and initiate or defend legal actions under its own name.
- Continuous Existence: The company’s existence persists irrespective of shifts in shareholders or directors. Its existence is not contingent upon the lifespan of its associates.
- Ease of Funding: Raising capital by issuing shares to investors, venture capitalists, or angel investors is easier. This structure attracts external investment.
- Tax Benefits: Private Limited Companies may qualify for various tax benefits and exemptions, making them tax-efficient entities.
- Credibility and Trust: Having “Pvt. Ltd.” in your company name often instills more confidence and trust in customers, suppliers, and partners.
Disadvantages of a Private Limited Company
- Compliance Burden: Face regulatory demands, including financial reporting, filings, and audits.
- Complex Setup: Process and cost for managing are higher than more superficial structures.
- Share Limits: Restricted share transfers; max 200 shareholders in India.
- Public Disclosure: Financial info is publicly viewable, impacting privacy.
- Exit Complexity: Selling or leaving is more complicated than with other structures.
- Slower Decisions: The involvement of shareholders and directors may slow choices.
Requirements for Registering a Company in India:
Directors and Members:
A minimum of two directors and 200 members are required for Private Limited Company Registration in India, as per the Companies Act of 2013.
Directors must have a Director Identification Number (DIN) issued by the Ministry of Corporate Affairs (MCA).
At least one director must be an Indian resident, having spent 182 days in India in the previous calendar year.
Company Name:
When selecting a name for a private limited company registration in India, two factors must be considered:
The name should reflect the principal activity of the business.
Address of the Registered Office:
After the company registration process, the company must provide the permanent address of its registered office to the company registrar. Business operations occur in this office, and all relevant company documentation is maintained.
Company Registration Process
Registering a company in India involves a straightforward four-step company registration process:
Step 1: Acquire a Digital Signature Certificate (DSC)
Every director and shareholder must secure a Digital Signature Certificate (DSC) issued by the Controller of Certification Agencies (CCA). This involves providing essential details such as passport-sized photos, PAN, Aadhaar Card, phone number, and email address. Foreign nationals should also furnish notarized and apostilled documents if applicable.
Step 2: Director Identification Number (DIN)
Obtain a Director Identification Number (DIN) if you intend to be a director in the company. DIN is essential for directors and needs to be provided in the registration form.
Step 3: Name Reservation for the Company (SPICe+ Part A)
Begin by completing the SPICe+ Part A form to secure a unique company name. This entails selecting the company type, class, category, and sub-category, specifying the primary division of industrial activity and offering a comprehensive business description. You’ll need to propose two names for approval.
Step 4: Submission of Company Details (SPICe+ Part B)
Provide comprehensive information concerning capital, registered office address, subscriber and directors’ details, stamp duty, PAN and TAN application, and necessary attachments.
Step 5: Preparation and Submission of Incorporation Forms (SPICe+ MOA and AOA)
Draft the Memorandum of Association (MOA) and Articles of Association (AOA) containing crucial company details. Obtain digital signatures from subscribers and professionals before submitting these documents to the MCA for approval.
Additionally, file the AGILE-PRO-S form to register for GST, EPFO, ESIC, a bank account, and a shop and establishment license (which may be state-dependent).
Certificate of Incorporation
Upon successful document verification, the MCA will issue the Certificate of Incorporation (COI) with the Company Identification Number (CIN), PAN, and TAN.
Document Checklist:
- For Indian Nationals: Self-attested PAN card copy, passport-sized photo, Aadhaar Card, proof of identity, and address proof.
- For Foreign Nationals: Notarized documents, passport-sized photo, passport, and address proof.
- Registered Office Documents: Proof of business address, copy of the rent agreement (if applicable), and owner’s no objection certificate.
Post-Registration Compliance
Following incorporation, adhering to post-registration company compliances is essential to streamline company operations and define the roles and responsibilities of directors and shareholders.
Register Your Company through Soarcio
Soarcio specializes in Private limited Company Registration services in India, providing comprehensive guidance and support throughout the registration process. Our team of professionals offers expert consultation tailored to your specific requirements and business goals.
Selecting the appropriate name for your company incorporation is critical, and Soarcio’ experts will aid you in choosing a unique and fitting name that aligns with ROC guidelines. We’ll conduct a name availability search and facilitate the reservation of your chosen name, reflecting your business identity.
Compiling the necessary documentation for company registration in India can be overwhelming, but our experts will handle this task efficiently. We will guide you in assembling all required documents, ensuring accuracy and compliance.
To register a private limited company, directors must obtain a Digital Signature Certificate and Director Identification Number (DIN). We will guide this process to ensure you possess the certifications for seamless registration.
By choosing Soarcio for your Company Registration needs, you can be confident that your company registration process will be managed professionally and effectively. We aim to simplify the process, allowing you to concentrate on your business objectives while we address the legal requirements. Embark on your entrepreneurial journey with assurance by registering your company through Soarcio.
RELATED GUIDES
Documents Required For Private Limited Company
Documents Required For Private Limited Company
PAN Card
PAN is mandatory for Indian Directors.
Passport (Foreign Nationals Only)
Passport is mandatory for Foreign Directors or Shareholders.
Aadhaar Card
Aadhaar is mandatory for Indian Directors.
Passport Size Photo
Passport size photo of the Directors and Individual Shareholders.
Recent Utility Bill
Business Place
Name Significance Letter
Specimen
PAN Card
Passport (Foreign Nationals Only)
Voters Identity Card
Ration Card
Driving License
Aadhaar Card
Passport Size Photo
Recent Utility Bill
Business Place
PAN Card
PAN card of the Proprietor.
Aadhaar Card
Aadhaar card of the Proprietor.
Incorporation Certificate
If the trademark is registered under a company or LLP.
Partnership Deed
If the trademark is registered under a partnership firm.
PAN Card
Of the authorised signatory.
Aadhaar Card
Of the authorised signatory.
Form-48 Signed
E-sign by using Aadhar authentication from E-sign Desk.
Logo
Please upload the logo in black and white to ensure all colors of the trademark are covered under the registration.
MSME Certificate
Proprietorship vs Limited Liability Partnership (LLP) vs Company
Features | Proprietorship | Partnership | LLP | Company |
---|---|---|---|---|
Definition | Unregistered type of business entity managed by one single person | A formal agreement between two or more parties to manage and operate a business | A Limited Liability Partnership is a hybrid combination having features similar to a partnership firm and liabilities similar to a company. | Registered type of entity with limited liability to the owners and shareholders |
Ownership |
|
|
For One Person Company
|
|
Registration Time | 7-9 working days | |||
Promoter Liability | Unlimited Liability | Limited Liability | ||
Documentation |
|
|||
Governance | – | Under Partnership Act | LLP Act, 2008 | Under Companies Act,2013 |
Transferability | Non Transferable | Transferable if registered under ROF | Transferable | |
Compliance Requirements |
|
Know More |
Private Limited Company FAQ's
How much does it cost to register a company?
- Number of Directors
- Number of Members
- Authorized share capital
- Professional fees
What are the types of registration?
- Sole Proprietorship Registration
- One-person Company Registration
- Partnerships Firm Registration
- Limited Liability Partnership (LLP) Company Registration
- Private Limited Company Registration
- Public Limited Company Registration
- Section 8 Company Registration
Can NRIs or foreign national or foreign entities register a company in India?
How do I check the availability of names for my company?
Is GST registration mandatory at this stage?
What are the compliances of a Private Limited Company?
When is the statutory auditor to be appointed?
Which Form is to be filed for the ITR filing of Private Limited Company?
Which form is to be filed for filing the annual returns of a Company?
How many members are required to start a Private Limited Company?
How can ownership be transferred?
How are the Companies taxed? What are the tax rates?
Who governs and controls the functioning of a Private Limited Company?
What are the benefits of registering a Private Limited Company?
What is authorized capital and paid-up capital?
What is limited liability protection?
How do I open a current account?
OPC Registration
From ₹ 2899
Proprietorship
From ₹ 2899
Private Limited Company FAQ's
Many small businesses pay lakhs in penalty every year to the Government for late filing various statutory returns. Such penalty or late fee paid is not tax deductible and is a drain on profitability. At Soarcio, our mission is to provide the most affordable services to our customers and help them avoid all late fee.To achieve our mission – we have built enterprise grade technology to help you proactively know the upcoming compliance and avoid penalty.Checkout our compliance services below, talk to an Advisor and stop paying unwanted late fees.
- Manage Compliance for ProprietorshipFrom Rs. 2899
- Manage Compliance for PartnershipFrom Rs. 15899
- Manage Compliance for Limited Liability PartnershipFrom Rs. 15899
- Manage Compliance for Private Limited CompanyFrom Rs. 19899
Related Business Registrations
In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.
FSSAI Registration
From ₹ 1899
IE Code
From ₹ 2899
Trade License
From ₹ 7899
Professional Tax
From ₹ 7899
Digital Signature
From ₹ 1899
GST Registration
From ₹ 2899
MCA Compliance
Every registered entity must fulfill its compliance obligations at the end of each financial year. These typically encompass tasks such as auditing financial records, filing income tax returns, and submitting annual forms to the MCA.
Form | Company Compliance | Due date | Penalty |
---|---|---|---|
COB Filing | Commence of Business Certificate | To be filed before 180 days of company Incorporation | Rs.50,000 for non-compliance |
DIR 3 EKYC | Any director with DIN | On or Before 30th September every year | Deactivation of the DIN A late filing fee of Rs.5,000 Disqualification of the Directors |
Form ADT 1 | Appointment of auditor | Within 15 days from the date of appointment of the Auditor | Late fees will be applicable, with fees ranging from 2 to 12 times the nominal fee, depending on the number of days of delay. |
Form AOC 4 | Filing financial statements of the company | 30 days from the conclusion of the AGM | Late fees will be applicable, with fees ranging from 2 to 12 times the nominal fee, depending on the number of days of delay. |
Form MGT 7 | Annual Returns of the Company | 60 days from the conclusion of the AGM |
In addition to the above filings, depending on the type of entity and business activity more compliance filing maybe applicable. Please check with an Soarcio Advisor to help you with the compliance for your company.
All Limited Liability Partnerships (LLP) registered in India are required to file statutory returns with the Ministry of Corporate Affairs (MCA) each year. Soarcio can help you maintain your LLP Compliance at a very affordable price.
Form | LLP Compliance | Due date | Penalty |
---|---|---|---|
DIR 3 KYC | For every designated partners of a limited liability partnership (LLP) with DIN | Before 30th September every year | Deactivation of the DIN A late filing fee of Rs.5,000 Disqualification of the Partners |
Form 11 | Annual Returns | May 30th every year | Late fees will be applicable, ranging from 1 to 15 times the nominal fee for Small LLPs and 1 to 30 times the nominal fee for other than Small LLPs, depending on the number of days of delay. |
Form 8 | Statements of Accounts and Solvency | 30th October every year |
Apart from the aforementioned filings, there might be additional compliance filings that could be relevant for LLPs. Please consult with an Soarcio Advisor to assist you with the compliance needs of your LLP.
Entity | Form | Due date |
---|---|---|
Private Limited Company | Annual Return (Form MGT-7) | 60 days from the conclusion of the AGM or 28th November 2024 (Which Ever is Earlier) |
Financial Statements (Form AOC-4) | 29th October 2024 | |
DIR-3 KYC | 30th September 2024 | |
Form DPT-3 | 30th June 2024 | |
Form ADT-1 | Within 15 days from the date of appointment of the Auditor | |
ITR 6 (Non audit case) | 31st July 2024 | |
ITR 6 (Audit Cases) | 31st October 2024 | |
GSTR 9 | 31st Dec 2024 | |
Limited Liability Partnership | ITR 5 (Non audit case) | 31st July 2024 |
ITR Form 5 (Audit case) | 30th September 2024 | |
Annual return – Form 11 | 30 May 2024 | |
Financial Statements – Form 8 | 30 October 2024 |
Note : Get in touch with our experts to efficiently handle your compliance filings, whether you are an LLP, a company, partnership firm or a proprietorship. Contact us to ensure your compliance is filed before the due date.
Smarter Banking
Avail a range of banking services through Soarcio.com. Soarcio can help you open a current account, get a payment gateway or avail loans through our Partner Banks.
Company Registration in State
- Company Registration In Maharashtra
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Company Registration in City
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- Company Registration In Gandhinagar
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- Company Registration In Roorkee
- Company Registration In Etawah
Other Soarcio - Business Registration Services
- Proprietorship
- Partnership
- One Person Company
- LLP Registration
- Indian Subsidiary
- Nidhi Company Registration
- Producer Company Registration
- Section 8 Company Registration
- USA Company Registration
- Digital Signature
- Udyam Registration
- Import Export Code
What is the registration process of a company?