Company Incorporation (Private Limited Company)
Establishing a Private Limited Company is the most popular and robust corporate structure for serious entrepreneurs in India. It provides a distinct legal identity, limits the liability of its owners, and offers a framework for growth and investment. The entire incorporation process is digital, requiring expertise in navigating government portals and electronic forms, which is where our guidance becomes essential.
Minimum Requirements for Registration:
- Directors: A minimum of two and a maximum of fifteen directors are required. At least one director must be a citizen of India.
- Shareholders: A minimum of two and a maximum of 200 shareholders are permitted.
- Capital: While any amount of capital is acceptable, government fees must be paid for a minimum authorized capital of one lakh rupees.
- Registered Office: A registered office address in India is mandatory.
- Public Solicitation: Private limited companies are prohibited from accepting deposits from or selling securities to the general public.
Step-by-Step Registration Process:
- Obtain Digital Signature Certificate (DSC): Since the process is entirely electronic, a valid DSC is required for all proposed directors and subscribers to sign the e-forms.
- Apply for Director Identification Number (DIN): Any individual intending to be a director must have a DIN.
- Apply for Name Approval: The proposed company name is reserved through the SPICe+ form on the MCA portal. The name must be unique and not identical to an existing company or trademark.
- Draft and File Incorporation Documents: The main application is filed using the SPICe+ (INC-32) form, along with the electronic Memorandum of Association (e-MoA) and electronic Articles of Association (e-AoA).
- Issuance of Certificate of Incorporation: Once approved, the Registrar of Companies issues a Certificate of Incorporation, which includes the company’s Corporate Identity Number (CIN).
Documents Required:
- Identity and Address Proof of Directors (PAN card is mandatory for Indian nationals).
- Passport-sized photographs of all directors.
- Proof of the registered office address (e.g., rental agreement, utility bill) and a No Objection Certificate (NOC) from the property owner.
Benefits of a Private Limited Company:
- Limited Liability: The personal assets of the directors and shareholders are protected.
- Perpetual Succession: The company has a separate legal identity and continues to exist even if its members change.
- Easy Transferability of Ownership: Ownership can be transferred by simply selling the shares.
- Enhanced Borrowing Ability: A registered company is viewed as more credible by banks and financial institutions.
- Public Solicitation: Private limited companies are prohibited from accepting deposits from or selling securities to the general public.
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Do You Have Any Questions?
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What is the minimum requirement to start a Private Limited Company?
You need a minimum of two directors and two shareholders (they can be the same people). At least one director must be a resident of India.
What is a Director Identification Number (DIN)?
A DIN is a unique 8-digit number required for any person who wants to be a director in a company. We will apply for this as part of the incorporation process.
What documents are required for registration?
For directors/shareholders: PAN Card, AADHAAR Card, and proof of address (like a bank statement). For the registered office: Proof of address (like a utility bill) and a No Objection Certificate (NOC) from the property owner.
How long does the incorporation process take?
Typically, it takes about 7-14 working days after all documents are submitted, provided the name is approved quickly by the MCA.