What is a Private Limited Company?

In India, one of the most common kinds of legal structures is a Private Limited Company (PLC). The corporations Act of 2013 regulate private limited corporations, which must have a minimum of two directors and two shareholders, one of whom must be an Indian citizen and resident.

The following conditions must be fulfilled in order to form a company in India:
  • Two directors, one of them is required to be an Indian citizen and resident.
  • 2 Shareholders - Directors may also hold shares of company.
  • Indian registered office.

In India, 100% foreign direct ownership (FDI) is allowed in the majority of industries, and there are no limitations on foreign ownership of private limited companies' shares. Because of this, most of foreign companies are established in India as private limited companies.

Documents Required For Company Registration

To register the firm, the proposed directors of a private limited company must provide the following identity documents:
  • PAN cards are required for Indian nationals.
  • Passports are required for visitors from abroad.
  • In addition to the above document, the directors must also provide one of the following documents, each of which includes the director's address:

  • Indian citizensmust present a passport, driver's license, election ID, ration card, or Aadhar ID.

  • Foreign nationalsmust present their driver's license, bank statement, and residence card.

    In the end, one of the following documents must be shown by the potential directors as proof of residence. The last two months must have passed since this paper was produced.

  • Citizen of India: Bank Statement, Electricity Bill, and Phone Bill.
  • Bank statement, utility bill, and phone bill for international residents.
The following paperwork must be provided if any of the company's shareholders are businesses with Indian or international headquarters:
  • Resolution of the Board approving Investment in the Company
  • Certificate of Incorporation for the Company Address

Capital Required Starting a Company.

In India, a business can be started with very little funding. The capital contributions made by the shareholders of the newly formed company are entirely up to them; there is no set amount. Some of the following ideas should be considered when establishing the capital structure of the business:

Share of Face Value: The cost per share at which the firm is incorporated is known as a share's face value. Sometimes, a share's face value is 1, 10, 100, 1,000, or 10,000 rupees.

Authorized Capital:The entire number of shares that a corporation can issue to shareholders is known as authorized capital. Typically, all firms have an authorized capital of Rs. 1 lakh or Rs. 10 lakhs when they are incorporated. The corporation must pay an additional fee to the Ministry of Corporate Affairs if more authorized capital is needed. The authorized capital of a company may be increased at any time after incorporation.

Paid-up Capital:The quantity of shares distributed to shareholders in exchange for money they have paid or deposited with a corporation is known as paid-up capital. A company's authorized share capital cannot be greater than its paid-up capital.


Company Registration Process

Following steps while registering a company in India:

Step 1: Run Name Approval

A request for approval of the company name must first be made to the Ministry of Corporate Affairs in order to reserve a name. One or two names may be included in the application for name approval together with the business's goals. One or two more names may be submitted if the approval of a name is rejected.. Normally, MCA accepts all the approval of name applications within 5 working days.

Step 2: Digital Signature for Directors

Wet signatures are banned by the Ministry of Corporate Affairs in India. A digital signature issued by an Indian Certifying Authority must be used on all signatures submitted for filing with the MCA. Therefore, before incorporation, the directors must have a digital signature.

The Certifying Authority chosen by legal startup will provide the digital signature for the directors. The directors must submit a copy of their identity evidence and go through a video KYC process in order to receive the digital signature. If the administrator is a foreign national, the local embassy must apostle the administrator's passport and any other supplied documentation.

Step 3: Submit the Incorporation Application

Once the digital signature has been obtained, the application for incorporation can be submitted to the MCA in SPICE form along with any necessary attachments. The company's Memorandum of Association (MOA) and Articles of Association (AOA) are filed along with the application for incorporation. A Certificate of Incorporation and the company's PAN are provided if the MCA accepts the incorporation application as complete and acceptable.. The MCA generally accepts all incorporation applications in less than 5 working days.


Registered Office of the Company

Every company that registers in India must maintain a registered office there. The company's name and a location where notices or communications, if any, may be delivered are all displayed on a board at the registered office. Therefore, raw ground or limits that are being built upon cannot serve as a company's registered office.

The registration office of the company may be changed if necessary after incorporation. The procedure can be finished without restriction if the registered office is changed within the same registrar or same city company. The procedure is longer and more difficult when a company's registered office is moved from one state to another.


GST Registration after Company Registration

Directors can work to secure GST registration as well as incorporation throughout the company registration procedure. However, unless a specific earnings criterion is exceeded, a corporation is not need to be registered under GST.


Bank Account for Private Limited Company

Following company development, a bank current account in the firm's name must be opened within 180 days, and the subscription money must be deposited there. The occupation certificate won't be issued if these steps are not followed, and there will be penalties.

The following papers are necessary for a private limited business to obtain a bank account:

  • Director KYC documents
  • The company's certificate of incorporation
  • A board resolution allowing directors to open a bank account
  • Proof of a company address

At Legalstartup, we collaborate with many banks to assist our clients with opening current accounts for their businesses in a systematic manner.


Advantages of Private Limited Company

Let’s have a look of at the benefits of Private Limited Company Registration in India.

Separate Legal Entity

A company is a pair of a juristic person and a legal entity. As a result, a firm has many legal rights, including its capacity to buy property, raise money, and employ people.. A private limited company is a legal entity in its own rights, which allows the business owner to keep his assets separate from the business. That means that the business owners aren’t subject to any personal liability

Limited Liability

A Private Limited Company is a stand-alone legal entity with restrictions on liability. Therefore, to the extent that they invested in the company as share capital, the shareholders are only responsible for the loss of the company.

Uninterrupted Existence

A company is straightforward by the death or other departure of any of its members because it is an independent legal entity, and it keeps running no matter what membership changes

Boosting Fund

There are various ways for a Private Limited Company to raise money. Shareholders, investors, angel investors, private equity funds, venture capital funds, foreign funds, NBFCs, banks, and many other financial institutions can help a company increase it’s funding. Investor capital for debt and equity can only be increased by a corporation.

Disadvantage of Private Limited Company

As a company provides many benefits, not all business owners may find it best to register one for the following reasons:

Compliance

Regardless of economic activity or turnover, a corporation is required to maintain a number of compliances. As a result, there aren't many annual recurring expenses associated with running a business.


Documents that is required for Private Limited Company

  • PAN Card
  • PAN is mandatory for Indian Directors.

  • Passport (Foreign Nationals Only)
  • For foreign directors or shareholders, a passport is required.

  • Aadhaar Card
  • Aadhaar is mandatory for Indian Directors.

  • Foreign Government – Address Proof
  • any document issued by a foreign government that includes the name, address, and photo of the director or shareholder.

  • Bank Statement
  • Latest bank details of directors and shareholders.

  • Latest Electricity Bill
  • for the registered office's premises, the most recent electricity bill.

  • Latest Telephone Bill
  • Latest telephone bill for the registered office premises. Electricity bill preferred.

  • Latest Mobile Bill
  • Latest mobile bill for the registered office premises. Electricity bill preferred.

  • Board Resolution Authorizing Investment
  • if the proposed shareholder is another legal entity or companied.

  • Investing Company Address Proof
  • If the proposed shareholder is another legal entity or company.

  • Passport Size Photo
  • Passport size photo of the Individual Shareholders and Directors.

  • Recent Utility Bill
  • Business Place


Frequently Asked Questions

What is Director Identification Number?

The Ministry of Corporate Affairs issues Director Identification Numbers. When filing an application for a DIN, the necessary fee and proof of identity and address must also be included.

What is authorized capital of Private Limited Company?

One lakh rupees is the minimum amount of capital needed to launch a private limited company.

Can a registered office be a residential area?

It is possible for a Private Limited Company to have its registered office in a residence.

How to select a name for my Company?

The selected name should be something unique and different in order to make the registration procedure go easier.

Can a foreign parent Company incorporate a subsidiary In India?

Yes, according to Foreign Direct Investment (FDI) Guidelines, foreign parent or holding firms, including USA parent companies, may incorporate a subsidiary in India as a 100% owned Private Limited Company.

What is Director Identification Number?

Anyone interested in becoming a corporate director must apply for a Director Identification Number.

What are the responsibilities of the Director?

The director is in charge of running the business as effectively as possible. Additionally, he must have leadership qualities and be aware of his responsibilities.

Can a registered office be changed from one state to another?

You only need to give notice within 30 days to change the registered office of the business in the same state. Yes, by following the prescribed method, the company's registered office may be moved from one state to another.

Can One Person Company be converted into Private Limited Company?

It is possible to change an individual corporation into a private limited company. Do I have to be physically present while it's happening? Since the entire registration process is done online, there is no requirement that a person be present at the location while registration is taking place.

Can a salaried person become the director of the Private Limited Company?

Yes, in a private limited company, a person on a salary can become the director.

Can anyone become the company director?

Yes, according to the company's regulations, anyone or any individual is eligible to serve as a director.

Who owns Private Limited Company?

An individual or the firm's members are the owners of a private limited company.

Is it compulsory to register a Private Limited Company?

Companies that fall under this classification are required under the Companies Act of 2013 to register as Private Limited Companies.

Are directors liable for debts?

You might be held personally responsible as a director for the financial losses and debts.

What is director’s loan?

When you remove money from your company that isn't a salary, dividend, or cost revenge, and you take more than you put in, that's called a directors loan.

Can a Private Limited Company give loan to directors?

In accordance with sub-section 1 of section 185, a Private Limited Company isn't allowed to provide money to anyone.

Can Private limited company get loan from NRI?

Yes, an NRI loan can be received by a private limited firm.

What is the annual turnover threshold limit for GST Registration?

The turnover should exceed 20 lakh rupees annually.

What is India limited Company?

A limited company formed under the 2013 Companies Act is an India limited company.

What are MOA and AOA?

The MOA and AOA serve as the company's charter documents. It defines the company's corporate goals and regulations and laws. Our experts draft it and give it to you along with the certificate of incorporation.

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