CNC (Computer Numerical Control)
Friday, August 25, 2023
Private limited company registration and formations in India
Table of Contents:
Documents Required for Private Limited Company Registration
Criteria for Private Limited Company Registration
Benefits of Private Limited Company Registration
Validity Requirements for Private Limited Companies
A Private Limited Company is a popular business structure in India that offers limited liability to its shareholders and legal recognition as a separate legal entity. It is governed by the Companies Act, 2013, and is known for its advantages in terms of liability protection, scalability, and access to funding. In this comprehensive guide, we will delve into the documents required for registration, the criteria to establish a private limited company, the benefits it offers, and the validity requirements that companies need to adhere to.
2. Documents Required for Private Limited Company Registration:
To initiate the process of registering a Private Limited Company in India, several documents are necessary:
a. Identity and Address Proof:
Directors and shareholders are required to provide PAN (Permanent Account Number) and Aadhar cards.
Foreign nationals must submit a notarized passport copy, and a residential address proof.
b. Registered Office Proof:
A utility bill (electricity, water, gas) or a rental/lease agreement for the registered office address is needed.
An NOC (No Objection Certificate) from the property owner is required.
c. Director Identification Number (DIN):
Directors need to apply for DIN from the Ministry of Corporate Affairs (MCA) and provide necessary documents.
d. Memorandum of Association (MOA) and Articles of Association (AOA):
These documents outline the company's objectives, rules, and regulations.
e. Declaration of Consent:
Directors must submit a declaration of their willingness to become directors and comply with the requirements.
f. PAN and TAN Application:
Application for PAN (Permanent Account Number) and TAN (Tax Deduction and Collection Account Number) must be filed.
3. Criteria for Private Limited Company Registration:
a. Minimum Directors and Shareholders:
A minimum of two directors and two shareholders are required. The directors and shareholders can be the same individuals.
b. Unique Name:
The proposed company name must be unique and not identical or similar to an existing company's name.
c. Authorized Capital and Paid-up Capital:
There is no minimum authorized capital requirement. The paid-up capital can be as low as Rs. 1.
d. Registered Office:
The company must have a registered office address in India.
4. Benefits of Private Limited Company Registration:
a. Limited Liability:
Shareholders are not personally liable for the company's debts beyond their shareholding.
b. Separate Legal Entity:
The company has its legal identity, distinct from its shareholders and directors.
c. Borrowing Capacity:
Private Limited Companies can raise funds through equity shares, debentures, and loans.
d. Perpetual Succession:
The company continues to exist even if there are changes in shareholders or directors.
e. Easy Transferability of Shares:
Shares can be easily transferred to other individuals or entities.
f. Credibility and Trust:
Private Limited Companies often have higher credibility among suppliers, customers, and lenders.
g. Tax Benefits:
Certain tax benefits and exemptions are available to Private Limited Companies.
5. Validity Requirements for Private Limited Companies:
a. Annual Filing:
Private Limited Companies are required to file annual financial statements, director's report, and other relevant documents with the Registrar of Companies (ROC).
b. Annual General Meeting (AGM):
An AGM must be held within six months from the end of the financial year.
c. Compliance with Companies Act:
The company must comply with various provisions of the Companies Act, such as maintaining proper accounting records and conducting audits.
d. Directorship Changes:
Any changes in the board of directors must be intimated to the ROC.
e. Disclosure of Interest:
Directors are required to disclose their interest in other companies or businesses.
Registering a Private Limited Company in India involves submitting essential documents, meeting specific criteria, and adhering to validity requirements. The process offers numerous benefits, including limited liability, separate legal identity, and access to funding. However, companies must ensure ongoing compliance with legal and regulatory obligations to maintain their validity and enjoy the advantages of this business structure. By following the outlined steps and requirements, entrepreneurs can establish and operate a successful Private Limited Company in India.