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A private limited company is a business entity where ownership is restricted to a small number of shareholders, and shares cannot be publicly traded. Here the shareholder liability is limited to their investment in the company and can have up to 200 shareholders. The shares are not publicly traded. The company's registration and operations are governed by the Register of Companies (ROC). The directors have to submit their Director Identification Number (DIN) and Digital Signature Certificate (DSC) for incorporation. Documents like the Memorandum of Association (MoA) and Articles of Association (AoA) have to be submitted in the MCA portal. Post registration, the Ministry of Corporate Affairs (MCA)will provide the incorporation certificate and will display the company's details on the website.
To register a private limited company in India, you need to obtain a Digital Signature Certificate (DSC) and Director Identification Number (DIN) for the proposed directors, and then file the incorporation documents with the Ministry of Corporate Affairs (MCA) through the online SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) form. Vakilsearch offers an easy, three step process for business registering:
FIle MoA, AoA, PAN, TAN and Get
Incorporation Certificate
1. Name Approval Process
After you finalise an unique name for your company our team will check for the name availability we will file a RUN form or SPICe-A form. Post name approval our team will file SPICe-B form.
2. Get Your (DSC) and (DIN)
We file form DIR-3 and help you to procure your Director Identification Number (DIN) and Digital Signature Certificate (DSC), which are essential for online document filing.
3. Filing and Incorporation
We will file your Incorporation Documents like MoA, AoA, Spice+ form and will make sure that your company gets its PAN and TAN ensuring all
Post-Registration Compliances After Filling of FORM 3
As per Section 12(1), a company must have a registered office within 30 days of incorporation. Additionally, PAN and TAN applications should be submitted, leading to the company's registration under the Income Tax Act, 1961. As per MCA guidelines all the registered private limited companies should meet all the following compliance requirement:
Conduct the Initial Board Meeting
As per Section 173(1) the companies Act 2013 registered private limited company should conduct its first board of directors meeting within 30 days of incorporation.
Open a Bank Account
Having a current account under the company's name is crucial for business operations.. As per law, a company is a legal entity and the financial transaction should be conducted in its name not in the name of an individual.
Have an Official Address
With respect to Section 12 (1) of the Companies Registration Act of 2013 registered business should have an official address within 30 days of incorporation. This address is the point of contact for receiving communications from government authorities. The official address should be informed to the resistor within the first 30 days of company incorporation.
Branding and Legal Compliance
Registered company name should be displayed in all the business locations. The local language should be used in the billboards. Seals and Letterheads should be prepared.
Appoint an Auditor
The board of directors should appoint an auditor as per Section 139(1) within 30 days of company registration.
Interest Disclosure and Statutory Compliance
In the first board meeting, all the directors of the company should declare their interests with respect to other companies. According to Section 184 of the Companies Act of 2013, this is required. Companies are required by law to keep a statutory register at the registered office.
Share Certificate Issuance
Share certificates must be issued to shareholders within 60 days from the date of incorporation, or in the case of additional share allotments, within 60 days from the allotment date.
Bookkeeping and Financial Reporting
As per Section 128, every company must maintain accurate and fair books of accounts, adhering to the double entry system and accrual basis of accounting.
Commencement of Business Certification
A company needs to get a certificate of commencement of business within 180 days. A disclosure attesting to each subscriber's payment of the outstanding balance on their shares must be filed by directors.
Copyright Registration
For a private limited company, copyright registration is essential to protect its original works, such as software, manuals, logos, promotional materials, and other creative content. We have a dedicated team of IP lawyers who can help in copyright registration and other IP related issues.
Professional Tax Registration
Professional tax is a state-level tax imposed on professionals and businesses in India. Employers are required to deduct professional tax from the salaries of employees and remit the same to the state government. The tax rates are fixed by the state government and vary for other states. Our team of chartered accountants can help in the registration and filing of Professional tax in India.
PVT Ltd Company Registration Documents Required
The following necessary documents are crucial for Private limited company registration in India:
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