A Private Limited Company formed under the Companies Act, 2013 is the most popular form of business entity which requires atleast 2 directors, however maximum of 15 directors.
A minimum of two shareholders, who may be individuals or body corporates acting through their representatives, can start the Private Limited registration procedure.
Also, registered office location is required within India.
Further, the Directors can be same as the shareholders or subscribers to Memorandum of Association as well as Articles of Association (MOA and AOA).
A private limited company has all the advantages of a partnership firm like flexibility, greater capital contribution as well as advantages of limited liability, greater stability and legal entity.
However, Private Limited Company stands between partnership and widely owned Public Company.
Documents needed to register a Private Limited Company
The following documents are required for company registration (PLC):
- Self attested copy of PAN Card of the Directors
- Self attested copy of Address Proof of the Directors, and
- Passport size photograph of Directors, to start the Private Limited incorporation procedure.
- Utility Bill of the proposed Registered Office of the Private Limited Company,
- No-Objection Certificate from the Landlord, and
- Memorandum of Association (MOA)
- Articles of Association (AOA)
Procees to register Private Limited Company
- Obtain Digital Signature Certificate (DSC) for the Directors
To obtain a DIN (Director Identification Number) for the Directors of the Private Limited Company, as well as for signing all the E-forms to be filed with the Ministry of Corporate Affairs (MCA), a Digital Signature Certificate (DSC) is required.
Therefore, a Digital Signature Certificate for the proposed director must first be obtained. You can get a Digital Signature Certificate from Quicko within 1 day of filing application of DSC which will remain valid for 2 years. - Filing of E-Form RUN for Name Approval of proposed company
Once the DSCs are obtained, an application for name approval can be made in RUN Form by the proposed company. It is very important to ensure that the name is strictly in adherence with the Guidelines for Selecting Company Name. In case the proposed name is not accepted by the MCA, then fresh application needs to be made through RUN Form again. - Filing E-Form INC 32 for Incorporation
It is very essential to get a suitable name for your Private Limited Company, which adequately represents the business you are doing under the company. Once the name approval process is complete. Form INC 32 allows you to incorporate a private limited company. It is a linked form hence e-MOA and e-AOA needs to be filed in Form INC-33,34 along with Form INC-32.
The Directors can file the following incorporation documents and register the Private Limited Company using E-Form INC 32:
- Memorandum of Association (MOA)
- Articles of Association (AOA)
- Utility Bill of the proposed Registered Office of the Private Limited Company
- No-Objection Certificate from the Landlord, and
- Rental Agreement Copy between the Private Limited Company and the Landlord s
- Additional documents if required from case to case basis
If the application for incorporation of Private Limited Company is acceptable, the Registrar would issue the incorporation certificate which shall not take more than 3 to 4 days then the company will be considered as a registered company.
On incorporation, Company Identification Number (CIN) is assigned to every company.
FAQs
Minimum authorized capital of Indian Rupees 100,000 is required to form a Private Limited Company in India. However there is no upper limit.
Any person who is over 18 years of age can be a Director in any Private Limited Company. There are no limitations in terms of citizenship or residency. Therefore, foreign nationals can also be directors in a Private Limited Company incorporated in India.
Yes, DSC is mandatory for all subscribers and witnesses in eMoA(INC-33) and eAoA(INC-34). eMoA as well as eAoA shall be used only where the maximum number of subscribers does not exceed 7. If the number of subscribers is more than 7, MoA and AoA shall be attached manually to SPICe and DSC is not mandatory in such cases.
Hello @Dixita
SPICe+ is an integrated Web form for incorporating a company offering 10 services. Through SPICe+ (INC-32), you can apply for the name of your company, incorporation of the company, DIN of the directors, PAN and TAN registrations, PF and ESI registration of the company, GST registration, Professional Tax (only in Maharashtra), open a bank account.
You can incorporate any kind of Company through SPICe+, whether public, private, Section-8, OPC, etc.
Hope this helps!
Hi @Krish_Krish, you can go through the following article to understand how and where to apply for the process. It shall give you clarity on what you need to do while registering. Feel free to ask if you have any other queries. Hope this helps.
Is it mandatory to open a bank account with SPICe +?
Hey @Dixita
Yes, all the new companies getting incorporated through SPICe + need to compulsorily open a bank account in form AGILE PRO
Hope this helps!