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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.
In summary, the attributes of a private limited company registration process in India make it a favored choice among entrepreneurs, owing to its advantageous features and relatively straightforward structure.

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.

Documents Required For Private Limited Company

Proprietorship vs Limited Liability Partnership (LLP) vs Company

FeaturesProprietorshipPartnershipLLPCompany
DefinitionUnregistered type of business entity managed by one single personA formal agreement between two or more parties to manage and operate a businessA 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
  • Sole Ownership
  • Min 2 Partners
  • Max 50 Partners

For One Person Company
  • 1 Director
  • 1 Nominee Director
Registration Time7-9 working days
Promoter LiabilityUnlimited LiabilityLimited Liability
Documentation
  • LLP Deed
  • Incorporation Certificate
GovernanceUnder Partnership ActLLP Act, 2008Under Companies Act,2013
TransferabilityNon TransferableTransferable if registered under ROFTransferable
Compliance Requirements
  • Income tax filing if turnover is more than Rs.2.5 lakhs
Know More

Private Limited Company FAQ's

What is the registration process of a company?
The registration process of a company is done under the Ministry of Corporate Affairs (MCA) in accordance with the Companies Act 2013.
  • Step 1: Apply For Director Identification Number (DIN)
  • Step 2: Apply For Digital Signature Certificate (DSC)
  • Step 3: Company Name Approval
  • Step 4: Company Incorporation Application Submission
  • Step 5: Get a Certificate of Incorporation
How much does it cost to register a company?
The cost of registering a company in India varies according to the number of stakeholders and size. The Cost of Incorporation of a private limited Company would vary from Rs.6, 000 – to Rs. 30,000/- depending upon the following:
  • Number of Directors
  • Number of Members
  • Authorized share capital
  • Professional fees
What are the types of registration?
Company registration is mandatory in India to start any business, so fixing the business structures is crucial. In India, there are seven different types of company 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?
Yes, NRIs, foreign nationals, and foreign entities can register a company and invest in India, subject to the Foreign Direct Investment norms set by the RBI. However, incorporation rules in India require for one Indian national to mandatorily be a part of the company on the Board of Directors.
How do I check the availability of names for my company?
You can use the Soarcio company name availability search tab to search for available names in India. It is important to note that Soarcio would just provide available choices, based on identical names already registered.
Is GST registration mandatory at this stage?
GST registration is mandatory for certain businesses. Companies dealing with e-commerce operations or any other interstate activity and companies with turnover of more than Rs. 40 Lakhs are required to obtain the same. GST registration takes just 3-5 working days with Soarcio.
What are the compliances of a Private Limited Company?
A company is required to maintain certain compliances once it is incorporated. An auditor needs to be appointed within 30 days and income tax filing and annual return filing need to be done every year. Apart from these, mandatory compliances like ‘Commencement of Business’ forms, and DIN eKYC also need to be done.
When is the statutory auditor to be appointed?
The Board of Directors is required to appoint a practicing Chartered Accountant within 30 days of Incorporating a Private Limited Company.
Which Form is to be filed for the ITR filing of Private Limited Company?
The Private Limited Companies that are registered in India have to file the ITR returns each year in Form ITR 6.
Which form is to be filed for filing the annual returns of a Company?
The companies registered in India are required to file the MCA annual return each year informs AOC 4 and MGT 7.
How many members are required to start a Private Limited Company?
Minimum 2 number of members are required to start a Private Limited Company which can be extended to 200 members.
How can ownership be transferred?
The ownership of a Private Limited Company can be transferred by the way of shares.
How are the Companies taxed? What are the tax rates?
Private Limited Companies are taxed at 30% plus the surcharge and cess as applicable.
Who governs and controls the functioning of a Private Limited Company?
The MCA and Companies Act,2013 controls the functioning of a Private Limited Company.
What are the benefits of registering a Private Limited Company?
There are various of registering as a Private Limited Company like Limited Liability, Access to funding, borrowing capacity, greater capacity, easy exit, and scope of multiple opportunities.
What is authorized capital and paid-up capital?
Authorized capital is the maximum value of equity shares that can be issued by a company. On the other hand, paid up capital is the amount of shares issued by the company to shareholders. Authorized capital can be increased any time after incorporation to issue additional shares to the shareholders.
What is limited liability protection?
Limited liability is the status of being legally responsible only for a limited amount of debts of a company. Unlike proprietorships and partnerships, the liability of the shareholders with respect to the company’s liabilities is limited.
How do I open a current account?
Once the company is incorporated, a current account needs to be opened in the name of the company for transactions. Your advisor will guide you through the process of choosing the bank that you want to open the account with and get the documents like certificate of incorporation, Memorandum and Articles of Association, board resolution, copy of PAN allotment letter, and utility bill.
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.

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

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.

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