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What is Private Limited Company Registration?

Before you opt for any business entity, it's significant to identify which business form will be the best suit for you according to your need and resources you have. Experts say that Private Limited Company Registration is the best business entity for every start-up. If we believe the stats, almost 93% of start-ups and entrepreneurs in India register their company as Private Limited.

There are several reasons why start-ups are more inclined towards private limited company registration when compared to others. It offers multiple benefits such as ease of formation, limited liability, freely transfer of shares, easy to raise funds, etc.

Hence, if you wish to register your company as Private Limited, then you need to register it under the Companies Act, 2013. Not only the private company but every company is registered under the Companies Act, 2013 and governed by the Ministry of Corporate Affairs (MCA).

Is it possible to register your private limited company online?

Yes, you can now easily apply for company registration online. You are just required to visit the MCA's web portal, find the company incorporation option and begin the process.

However, we still suggest you to take the help of professionals. It is so because they will provide you with MOA (Memorandum of Association), AOA (Articles of Association) and several other documents required at the time of company registration. Such documents are really hard to prepare at your own end, hence, choosing a professional for company incorporation would be a wiser option.

Why you should go for Private Limited Company Registration?

Not just one or two but there are numerous reasons why you should go for private limited company registration. Let’s find out what they are:

Benefits of Private Limited Company

  • Separate Legal Existence

    Unlike the partnership firm or sole proprietorship, a Private Limited Company is a separate legal entity from the members it constitutes.

  • Limited Liability

    Owner is benefited if liability is limited and not unlimited. For instance, if the company suffers from any loss then in such case the personal assets of the member of the company won't be affected. Hence, with private limited company registration, you can avail the advantage of limited liability.

  • Perpetual Existence

    A company continues its existence even after the death of all directors, or wherein the shareholders' opts out of the company.

  • Business Growth Is Supported

    Such business form is preferred by most of the investors for the investment. A company can deal with venture capitalists, angel investors, or any financial institutions for fundraising. Therefore, businesses registered as Private Limited Company can experience ideal growth.

  • Reputation as a Corporate Entity

    As compared to other forms of Company registration, the private company enjoys a better reputation amongst its clients.

  • Better Credibility

    Nowadays, investors, vendors, and customers look for better credibility in the business they are dealing with. Acquiring reputed clients or credit from dealers without credibility becomes extremely difficult.

    However, in a private limited company, the details regarding the company are made available in a widely searchable database. Due to this characteristic, the existence of business is easily validated. In turn, this improves the business credibility.

  • Transferability is Easy

    Ownership transferability in case of Private company registration is easy. Only a few steps for change in shareholding, directorship and nominee information is required.

  • Right to Own the Property/Asset Ownership

    A company is allowed to own the property on its name. A company can also own machinery, building, intangible assets, land, residential property, factory, etc. Members have no right over the property owned by the company.

  • Financing

    A Private limited company enjoys better borrowing funds capacity.

Management and shareholder requirement for Private Limited Company Registration

Directors

Shareholders

Minimum: 2

Minimum: 2

Maximum: 15

Maximum: 200

Documents Required for Private Limited Company Registration

From Directors and Shareholders

  • Scan copy of PAN or Passport
  • Passport Size photograph
  • Copy of address proof
  • Notarized rental agreement if any rental property used for the same etc.

In the case, the applicant is a foreign national (Self-attested)

  • Residential proof (Apostille and Notarized)
  • Passport (Apostille and Notarized)
  • Notarized identity proof of the director(s)
  • If the applicant is out of the native country, then attested copy of VISA is required
  • In the case, the foreign national is residing in India, then attested copy resident permit certificate is required.

For the proposed registered address (Residential /commercial)

  • NOC from the owner if applicable
  • Copy of electricity bill/Telephone Bill/Bank statement

Checklist for Private Limited Company Registration

The checklist for different company registration varies from each other. The checklist for Private Company is as follows:

  • It must have a minimum of two directors.
  • It requires a minimum of two shareholders. However, both (director and shareholder) can be the same person.
  • One of the directors must be a resident of India.
  • There’s no minimum paid-up capital required for private limited company registration.

How to register a Private Limited Company in India?

To obtain private limited company registration in India, you need to follow the steps as described below:

Step 1: Apply for DSC (Digital Signature Certificate)

DSC is used to sign any e-form digitally Company Name approval. Hence all those authorized signatories /directors who are required to sign the e-forms shall obtain the DSC.

Step 2: DIN (Director Identification Number) application

DIN can be applied along with the company registration application form SPICE -32. However, maximum 3 Directors can obtain DIN along with SPICE 32. After incorporation, E-form DIR-3 is required to be filed for adding a new director in the company.

Step 3: Name Approval

For name approval, one needs to apply at the MCA Portal.
  • RUN (Reserve Unique Name) application is used for the company’s name approval.
  • A minimum of 2 names at the time of incorporation are proposed.
  • The fees for the RUN is Rs 1000/-.
  • Name after approval shall be valid for 20 days from the date of approval of Name.
  • However, for an existing company (Change of name) name approval, the approved name shall be valid for 60 days.
  • To protect the company name, logo, it is strongly advised to go for trademark registration.

Step 4: Company incorporation Form

  • The application for incorporation of the company shall be filed in the e-form SPICE 32.
  • Now, along with form Spice 32, the newly proposed directors can obtain the DIN. 
  • The SPICE 32 now also facilitates the PAN and TAN application too along with the incorporation form itself.
  • Subscriber’s details are required to be filed with the incorporation form. However, a maximum of 7 subscribers’ details can be filled in. Well, that does not mean subscribers can be 7 maximum, to add a more physical signed copy of MOA and AOA is to be filled.
  • As per the recent amendment, a new form called AGILE (INC-35) needs to beaccompanied with the SPICe.
  • Submission of AGILE will offer GST registration, registration of EPFO (Employees Provident Fund Organization), and ESIC (Employee State Insurance Corporation) registration.

Step 5: Scrutinisation of documents and company registration certificate issuance

On successful submission of the incorporation form, the Registrar of Companies will scrutinize it the application and documents carefully. If it finds every true and valid,it will issue the certificate of incorporation of the company along with the CIN (Corporate Identity Number), PAN & TAN.

Step 6: Bank account opening

After you have received the company’s incorporation certification, you are required to open a current bank account in the name of the company.

Services from Swarit Advisors to you

Our services include the following:

  • Guaranteed Name approval from the Ministry
  • Filling of company incorporation application
  • Memorandum of Association (MOA) and Article of Association (AOA)
  • Business plan guidance
  • The legal agreement, corporate drafts set, letters on requirement basis
  • Filling of e-forms with the MCA(Ministry of Corporate Affairs)

How to track private limited company registration status?

Once you have applied for the company registration, you can check the status of the same on the MCA’s web portal. For tracking the company registration status, follow the steps given below:

  • Visit Ministry of Corporate Affairs’ (MCA’s) website at mca.gov.in.
  • Click on MCA Services.
  • Then click on “View Company or LLP Master Data.”
  • There, you need to fill the required details and submit.
  • ROC will display the company details.
  • You can check the company registration as well as compliance status.

What is the difference between Private Limited Company and Public Limited Company?

Description

Private Company

Public Company

Share Capital

Minimum: Rs. 100000.Thus, now it can be floated with any amount of share capital.

Minimum: Rs.500000

Members

Minimum:2 
Maximum:200

Minimum:7 
Maximum: No Limit

Name

Last word "Private Limited"

Last word "Public Limited"

Public Offer

No

Yes

Stock Exchange

No Listing

For public offer, it is to be listed on stock Exchange

No. of Director

Minimum: 2 
Maximum: 15

Minimum:3

Maximum: 15

Ease of Investment

Easy to accommodate

Difficult as compared to Private Company

Recommended for

Start-up and Growing Company

Big Company engaged in professional services

Tax liability for the company

Every private limited company is supposed to pay 30% of the total income tax to the Income Tax Department at the time of filing Income Tax Return.

Private Company Registration Fees

Our professional team at Swarit advisors consists of India’s best professionals and serves the clients in the best way possible and at quite a nominal price. Apart from professional fees, the e-forms involve certain statutory fees which are also required to be paid at the MCA portal.

To know more about company registration process post query at our site.

Let’s take a look at some of the frequently asked questions to have a better understanding of the subject.

Frequently Asked Questions on Private Limited Company Registration

Yes, the name of the company must be unique and not identical. It must also not be similar to the registered trademark. Also, the name of the company must be as such that it signifies the activity of the business. The name of the company shall also signify the main, prerequisite objects.

Working Process

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