Compliance Calendar LLP

by Prachi Singh

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Compliance Calendar LLP

I am working at Compliance Calendar LLP as Content Executive. Researching and writing content on various legal, tax and compliance Read More
  • Joined Dec 2024
  • Published Books 1

Private Limited Company Registration

Private limited company registration is one of the most sought-after business structures for entrepreneurs in India. This structure is ideal for startups and small to medium-sized businesses seeking limited liability, credibility, and scalability. Governed by the Companies Act, 2013, a private limited company is a separate legal entity distinct from its shareholders and directors.

Features of a Private Limited Company

1. Separate Legal Identity:
A private limited company is treated as an independent legal entity, meaning it can own assets, incur liabilities, and enter into contracts in its name.

2. Limited Liability Protection:
The liability of shareholders is restricted to the amount of their shareholding. This ensures personal assets remain protected in case of business debts.

3. Ownership Restrictions:
A private limited company requires a minimum of 2 and a maximum of 200 shareholders. Shares cannot be publicly traded, ensuring control remains with the owners.

4Perpetual Succession:
The company’s existence is not affected by changes in ownership, such as the resignation, death, or insolvency of its members.

Steps for Private Limited Company Registration

1. Digital Signature Certificate (DSC):
The directors and shareholders must obtain DSCs to digitally sign incorporation documents.

2. Director Identification Number (DIN):
Every director needs a unique DIN, which can be applied for through the Ministry of Corporate Affairs (MCA) portal.

3. Name Approval:
Choose a unique name that adheres to MCA guidelines. Use the RUN (Reserve Unique Name) service to check availability and secure approval.

4. Drafting MOA and AOA:
The Memorandum of Association (MOA) and Articles of Association (AOA) define the company’s objectives and operational rules.

5. Filing Incorporation Documents:
Submit the SPICe+ form on the MCA portal, along with required documents such as identity proofs, address proofs, and office ownership/rental agreements.

6. Certificate of Incorporation:
Upon approval, the MCA issues a Certificate of Incorporation, confirming the company’s legal status.

Documents Required

-Identity Proof: PAN card, Aadhaar, or passport of directors and shareholders

-Address Proof: Utility bill or bank statement not older than two months

-Registered Office Proof: Rental agreement and a utility bill for verification

-Photographs: Recent passport-sized photographs of directors

Advantages of Private Limited Company Registration

1. Enhanced Credibility:
Registered companies are perceived as more trustworthy by investors, suppliers, and customers.

2. Ease of Fundraising:
Private limited companies can easily attract venture capital, angel investments, and bank loans.

3. Tax Benefits:
Companies can avail of deductions and benefits under various tax laws.

Conclusion

Private limited company registration is a strategic step toward building a sustainable and credible business. Its numerous benefits, such as limited liability, legal recognition, and funding opportunities, make it an ideal choice for entrepreneurs. By complying with legal requirements and leveraging the advantages of this structure, businesses can achieve long-term growth and success.

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