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Private Limited Company
A Private Limited Company is a company which is privately held for small businesses. It is very popular form of business for start-ups in India. A private limited company has the limited liability of members but at the same time it has many characteristics as those of a partnership firm. It has all the advantages of partnership namely flexibility, greater capital combination of different and diversified abilities, etc., and at the same time it has advantages of limited liability, greater stability and legal entity. In this sense, a private limited company stands between partnership and widely owned public company.
ComplianceIndia can be your legal and professional partner in India to help you understand how to register Private Limited Company in India quickly and cost-effectively.
Advantages of Private Limited Company
Easy to get investments and VC funds
Most credible
Preferred by investors
Ideal for IT start-ups and other growing businesses
Separate Legal Identity in eyes of Law
Minimum Compliance requirement
Limited Liability of Shareholders
Easy Transferable Ownership
Perpetual Succession
Simple and Easy Online Process
Eligibility to form a Private Limited Company
– Minimum Two (02) directors and Maximum 15 directors
– Minimum Two Shareholders and Maximum 200 Shareholders can be either different from Directors or same.
– Unique Name is required.
– Alteast one Director should be an Indian Resident.
How we Work?
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Packages
Consultation Charges
Nil
Complete assistance by Experts or Professionals indicating Process, Documents required, Benefits, Tax compliance, Legal Compliance, etc.
Start-up Plan
Rs. 2999/-
- – Registration of your Private Limited Company with MCA
- – Company MOA and AOA
- – Allotment of DIN of 2 Directors
- – PAN and TAN Registration
- – Expert advice from Experts/ Legal Professionals
Basic Plans
Rs. 4,999/-
- – Registration of your Private Limited Company with MCA
- – Company MOA and AOA
- – Allotment of DIN of 2 Directors
- – PAN and TAN Registration
- – GST Registration
- – Board Minutes of First year on Incorporation
- – Legal Drafting of consent letter and Appointment of First Auditor
- – Expert advice from Experts/ Legal Professionals
Advance Plan
Rs. 10,999/-
- – Registration of your Private Limited Company with MCA
- – Company MOA and AOA
- – Allotment of DIN of 2 Directors
- – PAN and TAN Registration
- – GST Registration
- – Current Account Opening in your nearest Branch
- – Board Minutes of First year on Incorporation
- – Legal Drafting of documents
- – Appointment of First Auditor
- – DIR-3 KYC filing for one year
- – Expert advice from Experts/ Legal Professionals
Ultimate Plan
From Rs.19,999/-
- – Registration of your Private Limited Company with MCA
- – Trademark Application
- – Company MOA and AOA
- – Allotment of DIN of 2 Directors
- – PAN and TAN Registration
- – GST Registration
- – Current Account Opening in your nearest Branch
- – Board Minutes of First year on Incorporation
- – Legal Drafting of documents
- – Appointment of First Auditor
- – MCA Annual Filing of Form
- – DIR-3 KYC filing for one year
- – Income Tax Return filing
- – Financial Statements preparation
- – GST Return filing for 12 months
- – Expert advice from Experts/ Legal Professionals
Documents Required for Private Limited Company Registration
Note – In case of Foreign Nationals or NRIs, all documents need to be notarised and apostilled from the Country where the Foreign Nationals or NRI is presently residing or by the Indian Embassy in the Country where such person is presently residing.
Comparison with other forms of Business
Form of Business | Private Limited Company | One Person Company | Limited Liability Partnership | Partnership Firm | Proprietorship Firm |
---|---|---|---|---|---|
Act | Companies Act, 2013 | Companies Act, 2013 | Limited Liability Partnership Act, 2008 | Indian Partnership Act, 1932 | No specified Act |
Registration Requirement | Mandatory | Mandatory | Mandatory | Optional | No |
Minimum Number of members | 2 | Only 1 | 2 | 2 | Only 1 |
Maximum Number of Members | 200 | – | Unlimited | 50 | – |
Number of Directors/Partners | 2 – 15 | 1 – 15 | 2 – Unlimited | 2 – 50 | Only 1 |
Separate Legal Entity | Yes | Yes | Yes | No | No |
Liability Protection | Limited | Limited | Limited | Unlimited | Unlimited |
Statutory Audit | Mandatory | Mandatory | Dependent | Not Mandatory | Not Mandatory |
Ownership Transfer ability | Restricted | No | Yes | No | No |
Uninterrupted Existence | Yes | Yes | Yes | No | No |
Foreign Participation | Allowed | Not Allowed | Allowed | Not Allowed | Allowed |
Tax Rates | Moderate | Moderate | High | High | Low |
Statutory Compliance | High | Moderate | Moderate | Less | Less |
GET STARTED | KNOW MORE | KNOW MORE | KNOW MORE | KNOW MORE |
Frequently Asked Questions
1. What is the minimum number of shareholders in a private limited company?
Two. They could be individuals or legal entities
2. What is the minimum number of directors in a private limited company?
Two. The Directors must compulsorily be individuals. They cannot be corporate bodies.
3. Is an office required for a private limited company?
An address in India where the registered office of the Company will be situated is required. The premises can be a commercial/ industrial/ residential where communication from the MCA will be received.
4. Is registration necessary for Private Limited Companies in India?
Yes, Registration for Private Limited Company is necessary as without registration, there can be no existence of a company.
5. Do I have to be physically present in person to Incorporate a company in India?
No, you will not have to be present at our office or appear at any office for the registration of a Private Limited Company. All the documents can be scanned and sent through email to our office. Some documents will also have to be couriered to our office.
6. Are there any prior approvals to be obtained from any authority in India to become a director in an Indian company?
Yes. Every individual who is contemplating a position of a director in an Indian company must obtain a Directors Identification Number (DIN) before he can become a director in an Indian company.
7. What needs to be done to obtain a DIN?
An application needs to be submitted to the MCA DIN Cell to obtain a DIN.
8. What are the documents required for Incorporation of Private Limited Company?
Identity proof and address proof is mandatory for all the proposed Directors of the Company. PAN Card is mandatory for Indian Nationals. In addition, the landlord of the registered office premises must provide a No Objection Certificate for having the registered office in his/her premises and must submit his/her identity proof and address proof.
10. Can NRIs and Foreign Nationals register a Company?
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 be a part of the company on the Board of Directors.
11. Who can be Director in a company?
Any person over the age of 18 years can become a director in a company. Also, there are no conditions on residency or citizenship. Hence, NRIs and Foreign Nationals can easily start and manage a private limited company in India.
12. What is Digital Signature Certificate (DSC)?
Digital signature is just like a hand signature, but only in this case, it is used to affix with computerized reports. A DSC provides validity to the signature.
13. Which Forms are required to incorporate Private Limited Company?
Ministry of Corporate Affairs (MCA) has introduced:
– New SPICe INC- 32 Forms for faster company incorporation.
– Apart from this e-MoA (INC-33) and e-AoA (INC-34) are also to be filed.
14. Can small business get registration under the Private limited company?
Yes, a small business can get its business registered under private limited company registration in India. It provides them with the credibility and an image of their business in the eye of the financial institution, suppliers and potential clients. It helps the company to get the loans at little compliance from banks or potential clients while entering into the deals.
15. Can we change the Registered Office of the Company?
Yes, we can easily change the registered office of the company any time after the specified procedure is completed. The changed address can be situated within the same state or in a different state, depending upon the conditions.
16. Benefits of small businesses in Private limited company?
It provides creditability to business in the eyes of financial institutions, suppliers and potential clients. It makes easier for companies to get loans at favourable rates from banks or in convincing potential clients while entering into deals.
17. Can sole proprietorship be converted in Private company registration?
Yes, sole proprietorship can be converted into private company registration after following the companies act, 2013 procedures.
18. Is a foreign entity allowed to be Director or shareholder of the private limited company?
Yes, any foreign nationals, entity or an NRI can become a director or shareholder of a private limited company in India.
19. Can private limited company invites the general public for shares?
No, a private limited Company cannot invite the general public top to subscribe to the company shares.
20. What are the important documents required before starting up with the registration process?
The most basic and important documents required before starting up with the incorporation of the company is PAN card, Aadhaar card, ID’s, photo and contact details of all the directors, bank statement, electricity bill, rent agreement with the slip or proof of ownership.
21. When should I file Annual returns of my Private Limited Company?
Private Limited Companies are required to file its Annual Accounts and Returns disclosing details of its shareholders, directors etc. to the Registrar of Companies. Such compliances are required to be made once in a year.
As a part of Annual Filing, the following forms are to be filed with the ROC:
– Form MGT-7 (Annual Return): Every Private Limited Company is required to file its Annual Return within 60 days of holding of Annual General Meeting. Annual Return will be for the period 1st April to 31st March.
– Form AOC-4 (Financial Statements): Every Private Limited Company is required to file its Balance Sheet along with statement of Profit and Loss Account and Director Report in this form within 30 days of holding of Annual General Meeting.
22. How much tax does a Private Limited Company Pay?
– Private limited company with a total turnover of upto Rs.50 crores during the previous year are taxed at 25% of total income.
– Private limited company with a total turnover of more than Rs.50 crores during the previous year are taxed at 30% of total income.
In addition to income tax, a Private limited company is also liable to pay income tax surcharge, education cess and secondary and higher education cess.
23. Is Private Limited Company eligible to be entitled for recognition as “Startup”?
Since, Private Limited is a form of a company it is entitled to be recognized as “Startup”.
24. What is the ROC compliance for a Private limited company?
Here are mandatory ROC compliance for a Private Limited Company:
– Form ADT 1: First Auditor of the company shall be appointed by the BOD within 30 days of Incorporation who shall hold the office till the conclusion of 1st AGM.
– Form MGT 7: Form MGT-7 must be filed by all companies registered in India every year. It is an electronic form provided by the Ministry of Affairs to all the corporations in order to fill their annual return details. The due date for filing MGT-7 is within 60 days from the date of Annual General Meeting.
– Form AOC 4: Every Private Limited Company is required to file its Balance Sheet along with statement of Profit and Loss Account and Director Report in this form within 30 days of holding of Annual General Meeting.
The above forms needs to be certified by CA/CS/CWA.
25. Do Private Companies have to release annual reports?
It is mandatory for all the companies which are registered under MCA to file their annual reports with concerned ROC every year. However, for Private Limited Companies, it is not mandatory to publish or release their annual report for Public access.
26. Is an audit mandatory for a startup Private Limited Company?
Be it a Startup or an established Private Limited company, It is a mandatory compliance to have company’s account audited.
Even the appointment of an auditor within 30 days of the incorporation is mandatory compliance for a Private limited company.
27. How much time does it take to incorporate a company?
ComplianceIndia can incorporate a Private Limited Company for in 8-10 days. The time taken for registration will depend on submission of relevant documents by the client and speed of Government Approvals. To ensure speedy registration, please choose a unique name for your Company and ensure you have all the required documents prior to starting the registration process.
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