Private Limited (Pvt Ltd) Company Registration Online In India

Online Company Registration in India - An Overview

Setting up a private limited company is one of the highly recommended ways to start a business in India. This type of company offers limited liability for its shareholders with certain restrictions placed on the ownership. An LLP has partners, who own and manage the business. Whereas in private limited company registration, directors may be different from shareholders.

Vakilsearch, your trusted legal advisor, provides a cost-effective company registration service in India. We take care of all legal formalities and fulfil the compliances, as defined by the Ministry of Corporate Affairs (MCA). Post-approval of the company registration process, you receive an Incorporation certificate (CoI), along with PAN and TAN. Now, you can open a current bank account and begin your business operations.

Benefits of Pvt Ltd Company Registration

Registering a company offers many benefits. A registered company increases the authenticity of your business. It helps your business

• Shield from personal liability and protects from other risks and losses
• Attract more customers
• Procure bank credits and good investment from reliable investors with ease
• Offers liability protection to protect your company’s assets
• Greater capital contribution and greater stability
• Increases the potential to grow big and expand

Checklist for Private Limited Company Registration in India

As defined by the Companies Act, 2013 one must guarantee that the checklist requirements are met without fail.

Two Directors:

A private limited company must have at least two directors, with a maximum of fifteen. A minimum of one of the company's directors must be a resident of India.

Unique Name

The name of your pvt ltd company must be unique. The suggested name should not match with any existing companies or trademarks in India.

Minimum Capital Contribution:

There is no minimum capital amount for a Pvt ltd company. A Pvt limited company should have an authorised capital of at least ₹1 lakh.

Registered Office:

The registered office of a pvt ltd company does not have to be a commercial space. Even a rented home can be the registered office, so long as an NOC is obtained from the landlord.

Steps For Company Registration in India

Company registration in India benefits startups offering them an advantage over those who have not registered. The of registering your company is complex and involves many compliances. However, you needn’t worry as long as you have Vakilsearch. Our professionals can help you with every step of the private limited company registration process.

Step 1: RUN Name Approval

The first step is to register your company's name. To reserve the company name, a request for approval of the company name must first be made to the Ministry of Corporate Affairs (MCA). One or two names with business aims may be presented in the name approval application. One or two more names may be submitted if a name permission is declined. All name approval requests are typically approved by the MCA in less than 5 business days. Our experts will help you choose the best name for your company and help in registering it with the government.

Step 2: Directors' Digital Signature Certificate (DSC)

Regular signatures are not acknowledged by the MCA in India. A digital signature certified by an Indian certification authority must be used on all signatures for filings with the MCA. Therefore, before incorporation, digital signatures from the Directors are mandatory.

Vakilsearch will secure a DSC for the Directors from a recognised certifying body. The Directors must submit a copy of their identity documentation and successfully complete a video KYC process in order to receive a digital signature. The provided passport and other documents must be apostilled by a nearby embassy if the Director is a foreign national.

Step 3: Submitting the Company Incorporation Application

Once the digital signatures have been gathered, the incorporation application in SPICe form and all pertinent attachments may be submitted to the MCA. The company's Memorandum of Association (MOA) and Articles of Association (AOA) are filed with the application for incorporation. The Incorporation certificate and PAN of the company are issued if the MCA deems the incorporation application to be complete and acceptable. The MCA typically accepts all incorporation petitions in less than five working days.

Private Limited Company Compliances

Once a company is registered in India, it must periodically maintain a number of compliances in order to avoid fines and legal action. After company registration, a company would need to comply with the following requirements, among others:

Auditor Appointment: Within 30 days of incorporation, every Indian company must appoint a practising, certified, and registered Chartered Accountant (CA).

Director DIN KYC: Each year, DIN KYC is required of everyone who holds a Director Identification Number (DIN), which is given during the incorporation process and verifies the phone number and email address on file with the MCA.

Commencement of Business: The shareholders of the company must deposit the subscription amount specified in the MOA within 180 days of incorporation, and the company must create a bank current account. Therefore, in order to receive a business incorporation certificate, the shareholders of a company that is to be established with a paid-up capital of ₹1 lakh must deposit ₹1 lakh into the company's bank account and file a copy of the bank statement with the MCA.

MCA Annual Filings: Every financial year, the MCA must get a copy of the financial statements from each company that is registered in India. A corporation that incorporates between January and March may elect to include the first MCA annual return in the annual filing for the following fiscal year. Forms MGT-7 and AOC-4 are the components of the MCA yearly return. The Directors and a working professional must digitally sign both of these documents.

Income Tax Filing: Each fiscal year, all businesses are required to submit an income tax return using form ITR-6. Regardless of the incorporation date, income tax filing must be completed for each financial year before the deadline. A director's digital signature must be used to digitally sign the company's income tax return.

Requirements to Start a Private Limited Company

Before a firm is incorporated, it must meet a specific set of conditions. The following are the conditions to be satisfied:

1. Directors and Members

As previously stated, a private limited corporation must demonstrate a minimum of two and a maximum of 200 members in order to become legally registered. The Companies Act of 2013 requires this as a legal necessity. The following requirements for directors should be met:

• A DIN issued by the MCA should be carried by each director
• One of the directors must be an Indian resident, which means they must have spent at least 182 days there in the previous calendar year.

2. The Business's Name

The choice of the company's name is an important one. Two factors must be considered by a private limited corporation when choosing a name for itself:

• Name of the principal activity
• Private Limited Company

3.Address of the registered office

The permanent address of the business's registered office must be submitted to the company registrar following the completion of the registration process. The primary location for conducting business and the location where all documentation is kept in the company's registered office.

4. Getting Additional Documents

Every business is required to acquire a DSC that is used to validate the legitimacy of documents submitted electronically. Additionally, credentials from these specialists are required in a business that hires professionals (such as secretaries, chartered accountants, cost accountants, etc.) for a variety of operations.

Comparative List of Different Types of Business Structures in India

Documents Required for Online Company Registration

In India, private limited company registration cannot be done without proper identity and address proof. Listed below are the documents accepted by the MCA for the online company registration process:

Identity and Address Proof

• Scanned copy of PAN card or passport (foreign nationals & NRIs)
• Scanned copy of voter ID/passport/driving license
• Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
• Scanned passport-sized photograph specimen signature (blank document with signature [directors only)

Registered Office Proof

• Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
• Scanned copy of notarised rental agreement in English
• Scanned copy of no-objection certificate from the property owner
• Scanned copy of sale deed/property deed in English (in case of owned property)

Note: Your registered office need not be a commercial space; it can be your residence too.

Why Vakilsearch?

The private limited company registration process is completely online, so you don't even have to leave your home to get your entity registered. At Vakilsearch, we complete the company incorporation process within 14 days.

Vakilsearch company registration package includes:

• DIN and DSC for two Directors
• Drafting of MoA & AoA
• Registration fees and stamp duty
• Company incorporation certificate
• Company PAN and TAN
• Zero balance current account - Powered by DBS bank

With this, you will be well on your way to forming your own pvt ltd company. It is recommended that you consult with the experts and make the finest decision for smoother growth.

The Glossary

Amendment

An addition to, deletion from, or a change of existing provisions of the articles of incorporation of a domestic corporation.

Board of Directors

The governing body of a corporation who is elected by shareholders. The directors are responsible for selecting the officers and the supervision and general control of the corporation.

Certificate of Incorporation

The title of the document filed in many states to create a corporation. Also known as the articles of incorporation.

DSC

The DSC (Digital Signature Certificate) is an instrument issued by certifying authorities by which you can sign electronic documents. As all documents needed are electronic.

DIN

Director Identification Number

Dissolution

The statutory procedure that terminates the existence of a domestic corporation.

Incorporation

The act of creating or organizing a corporation under the laws of a specific jurisdiction.

Limited Liability Company (LLC)

An artificial entity created under and governed by the laws of the jurisdiction in which it was formed. Limited liability companies are generally able to provide the limited personal liability of corporations and the pass-through taxation of partnerships.

Limited Personal Liability

The protection generally afforded a corporate shareholder, limited partner or a member of a limited liability company from the debts of and claims against the company.

Name Reservation

A procedure that allows a company to obtain exclusive use of a corporate name for a specified period of time.

Registered Office

The statutory address of a corporation. In states requiring the appointment of a registered agent, it is usually the address of the registered agent.