Explore all the details you need about Private Limited Company Registration in India, tailored for your needs.
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 Solocorp Verifocus Legal LLP, we offer a cost-effective service to register new companies and facilitate seamless private limited company registration in India. We handle all legal formalities, ensuring strict compliance with the Ministry of Corporate Affairs (MCA) regulations.
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.
Entrepreneurs or prospective businessmen must consider the following types of private limited companies if they intend to start a company:
Shareholders' liability is limited to the nominal share amount mentioned in the Memorandum of Association.
Member liability is limited to the amount of guarantee specified in the Memorandum of Association. This guarantee is invoked only during winding up.
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.
Shareholders' responsibility is restricted to the extent of their capital contribution, safeguarding personal assets from the company's financial obligations and liabilities.
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.
The company's existence persists irrespective of shifts in shareholders or directors. Its existence is not contingent upon the lifespan of its associates.
Raising capital by issuing shares to investors, venture capitalists, or angel investors is easier. This structure attracts external investment. This removes the capital worries when an entrepreneur starts a company.
Private Limited Companies may qualify for various tax benefits and exemptions, making them tax-efficient entities.
Having 'Pvt. Ltd.' in your company name often instills more confidence and trust in customers, suppliers, and partners.
Face regulatory demands, including financial reporting, filings, and audits.
The process and cost for managing are higher than more superficial structures.
Restricted share transfers; a maximum of 200 shareholders in India.
Financial information is publicly viewable, impacting privacy.
Selling or leaving is more complicated than with other structures.
The involvement of shareholders and directors may slow decisions.
The following requirements must be considered when you set out to register a new company in India:
To register a company in India involves a straightforward four-step company registration process:
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.
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.
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.
Provide comprehensive information concerning capital, registered office address, subscriber and directors' details, stamp duty, PAN and TAN application, and necessary attachments for company registration in India.
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).
Upon successful document verification, the MCA will issue the Certificate of Incorporation (COI) with the Company Identification Number (CIN), PAN, and TAN.
Ensure you have the following documents to register a new company:
Following incorporation, adhering to post-registration company compliances is essential to streamline company operations and define the roles and responsibilities of directors and shareholders.