PRIVATE LIMITED COMPANY INCORPORATION

COMPANY INCORPORATION

What is a Private Limited Company?

A Private Limited Company (PLC) is one of the most common types of legal entity in India. Private Limited Companies are governed by the Companies Act, 2013 and require a minimum of 2 Directors and 2 Shareholders with one of the Directors being an Indian Resident and Indian Citizen.

Documents Required

To register a PLC, the proposed directors must present the following documents

01

Indian nationals

  • PAN card is required
  • Passport / Driver's License / Election ID / Ration Card / Aadhaar ID
  • Bank Statement/Electricity/Telephone Bill

02

Foreign Nationals

  • A passport is required.
  • Driver's License/Bank Statement/Residence Card
  • Bank Statement/Electricity Bill/Telephone Bill


03

Others

  • Resolution of the Board of Directors authorising investment in the company's
  • Incorporation Company Certificate
  • Address Proof

Capital Required to Start a Company

In setting up a company in India, shareholders can choose how much capital they want to contribute. The face value, the total value of which can be issued, is determined by the company.

Company Registration Process

To reserve a company name in India, an application must be submitted to the Ministry of Corporate Affairs. After reviewing the application, the Ministry may approve the name or choose to include one or two other names along with the business aims of the company.

Private Limited Company Compliances

Companies in India must comply with several regulations to avoid penalties and prosecution. For example, within 30 days of incorporation, all firms must appoint a practicing and licenced accountant, and every year directors must complete a digital identity verification process.

Registered Office of Company

All Indian companies must keep a registered office in India. As a result, a company's registered office cannot be vacant land or a construction site. If the registered office is changed within the same city or by the same Registrar of Companies, the process is simple.

GST Registration

The directors of a newly incorporated company can choose to obtain GST registration during the company registration process, but the company is not required to do so unless its total turnover reaches a certain limit.

Bank Account

Within 180 days of company registration, a bank account must be opened in the company's name and the subscription amount deposited. If these steps are not followed, the certificate of commencement of business will not be issued and a penalty will be imposed.

Advantages of PLC

A corporation is a legal entity that can own property, incur debts, and hire people. Corporations can have limited liabilities, meaning the shareholders are not liable for more than what they invested in the company.

Disadvantages of PLC

A corporation can be a terrific method to run a firm, but it is not for every entrepreneur. Compliance costs can be substantial, and maintaining a business can be a costly year in and year out.

Documents Required for PLC

All directors of Indian companies must have a PAN card, and for foreign directors and shareholders, a passport is also necessary. Aadhaar is required for all directors.

Proprietorship vs Limited Liability Partnership (LLP) vs Company

Features Proprietorship LLP Company
Definition

Unregistered business entity controlled by a single individual

A Limited Liability Partnership is a hybrid entity with the characteristics of a partnership firm and the liabilities of a corporation.

A registered entity has limited responsibility for its owners and shareholders.

Ownership

Sole Ownership

Designated Partners

  • ✓ Min 2 Directors
  • ✓ Min 2 Shareholders
  • ✓ Max 15 Directors
  • ✓ Max 15 Directors

For One Person Company

  • ✓ 1 Director
  • ✓ 1 Nominee Director
Transferability

Non Transferable

Transferable

Transferable

Frequently Asked Questions

FAQs

  • How much it cost in incorporating a company?

    Different registration fees as per the size of the company and the number of shareholders

  • What steps are involved in creating a corporation?

    In accordance with the Companies Act 2013, the Procedure is as follows
    Step 1: Get a DIN
    step 2: Request a DSC
    Step 3: Approval of the Company
    Step 4: Submit a Company Incorporation Application
    Step 5: Get Certificate of Incorporation.

  • When will the statutory auditor be named?

    After 30 days of incorporating PLC, the Board of Directors must appoint a practising Chartered Accountant.

  • Which Form Must Be Filed for A Private Limited Company's ITR Filing?

    The ITR returns must be submitted annually on Form ITR 6 by Private Limited Businesses with Indian registrations.

  • Which form should be used to file a company's yearly returns?

    AOC 4 and MGT 7 are informed that each year, corporations with Indian registrations must submit the MCA annual return.

  • Which laws must a private limited business adhere to?

    Appointing an auditor and filing annual returns and income taxes must both happen within 30 days. Along with this, it's also important to finish mandatory compliances like the "Commencement of Business" and DIN eKYC forms.

  • Is GST registration currently required?

    For some firms, filing for GST is required. Businesses engaged in interstate business, including e-commerce activities, and businesses with annual revenue above Rs. 40 lakhs are required to obtain the relevant licences.