Two or more person join together can form a Private Limited Company which is the most visible corporate format in India. The Companies Act, 2013 and the Companies Incorporation Rules, 2014 prescribes the procedure for incorporation of Private limited company.  The Companies act 2013 and various Rules framed under it  provide a legal framework for incorporation, management and administration of such companies. Individuals and non individuals like Indian and foreign  Companies etc can become the shareholders of such companies. The  minimum number of persons required to form a company is two  and it can have shareholders upto a number of Two hundred.  The management of company is administered by Board of directors.  Private Limited companies are one of the most attractive venue for  Foreign Direct Investment.

 Incorporation of a Private  limited company in India

1. Formation of  a Private Limited Company.

  A Private limited company  can have  maximum of Two hundred ( 200 )  number of members  and minimum number of members required is two  ( 2 )

There should be at least two (2) directors and maximum number of directors permitted  is Fifteen (15)

Hence a minimum  two persons are required to form a Private limited Company

2. Formalities in incorporation

Incorporation is doing at the  Central Processing Centre of Ministry of Corporate affairs at Gurgaon and will be under the  jurisdiction of  Registrar of Companies of the State where the registered office is situated.

Incorporation is comprised of  following   steps

A. Name Application and Approval

 For obtaining the desired name for the company to incorporate,  we have to apply to the ROC in specified form Spice+ and the processing may take 1 to 3 days and cost involved is  Rs. 1000/- subject to the availability of name.

B. Obtain Digital signature

    Since all the filing to the Registrar of companies is through on line, all the promoter should obtain a Class 3 Digital signature which costs Rs.2000/-. The application for DSC is  online and process is involved mobile Email and video verification. On successful verification of application the applicant will get DSC in a secure device called E Token

C. Submission of Composite Incorporation documents for obtaining Certificate of incorporation and  DIN

Next step involved is preparation and submission of  incorporation documents like memorandum of association and  articles of association online portal of the Ministry of Corporate affairs

The following documents are required for online submission

For Director/shareholder/Director cum shareholder

  1. Board resolution for authorised signatory for the subscriber representing the company if share holder is a Company.
  2. Dir 2- Consent to become the director of the Company ( only for director)
  3. Pan Card Copy
  4. ID proof like passport copy, Aadhar card, Driving Licence or Voters ID
  5. Latest Address proof like mobile bill, telephone bill, electricity bill or bank statement. The proof should not be older than 2 months

For Registered office Address

  1. for the Registered office address, NOC from the owner of the premise or rental agreement copy along with latest copy of Electricity bill or Water bill or utility bill or Property tax paid receipt  is also required to be filed along with incorporation documents

If foreign national is subscriber for company,   all the incorporation documents signed by him need to be attested by Public Notary and to be apostilled as per the Hague convention

The new directors will get DIN Number and  Certificate of incorporation will be issued  in 1 to 3 days. At the Completion of registration of the company, the Ministry will issue the Incorporation certificate along with PAN Card and Tan Number

Thus for incorporation of a company, it  may take 4 to 7  days from the date of submission of proper documents for  registration of the Company.

D. Submission of AGILE Form for obtaining GST Registration ESI, EPF Professional Tax and Bank account opening

 The Incorporation document comprise a mandatory online application form for applying for GST Registration ESI, EPF Professional Tax and Bank account opening.

GST registration is optional but other registrations are automatic. The applicant can select the Bank with whom they want to open their bank account in the Form Agile

E.  Spice+ and AGILE form for Name application, DIN Approval and Filing of Incorporation Document and for Other Registrations

The Ministry has recently introduced a Composite form for filing DIN application, Name approval and Incorporation Documents, GST and other registration. If we are very confident about  the  name we can use this form for registration of company  which will help to register the company with 4-7 days

3.Post Incorporation Compliances

After the Company is registered the Company is required to  file INC form 20 A for  commencement of business and to exercise borrowing powers. The subscribers has to deposit the subscription amount before filing the said form.

 4. What we do:

If you want our support for registering a Private Limited Company in a cost effective and professional way

please click here