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Private Limited Company Incorporation

  • Private Limited Company Incorporation
  • Get registered within seven days
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  • Company Registration Consultants in Kochi, Ernakulam, Kerala
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A private limited company is one of India’s popular business constitutions, and Private Limited Company Incorporation is now easy with the assistance of PEAK Business Consultancy Services. In Kerala, a private limited company is standard, and many new start-ups constitute their business as Private Limited companies. The central government simplified registering a company in India to promote the start-up business. A Company is a separate legal entity with perpetual succession for lawful purposes. A private limited company is controlled and regulated by The Companies Act 2013 (previously The Companies Act 1956). As the name indicates, this company incorporates limited liability to its shareholders. Every shareholder’s liability towards the company is limited to their interest or shareholding proportion. A private company is formed with Authorized Capital, and this capital is divided into shares of a fixed face value. The minimum authorized capital to incorporate a private limited company in India is Rs. 1 Lakhs. The minimum number of shareholders and directors required for a private limited company is Two. A private limited company is a corporate legal entity having its own identity. As we are creating a separate legal entity, we must regularly comply with all the legal formalities with the Registrar of Companies. Directors of the companies are responsible for maintaining all legal compliances with RoC.

   

PEAK Business Consultancy Services helps Private Limited Company Incorporation in Kochi, Ernakulam, and Kerala. We are the leading business registration consultants in Kerala. We incorporated over 100 start-ups as Private Limited Companies in Kerala and mostly in Kochi. Connect us for service to get register business as a Private Limited Company.

    Private Limited Company incorporation consultants, Company registration consultants in Kochi, Ernakulam, Kerala, India
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    Know more about Private Limited Company Registration

    The major legal documents of a Private company are:-

    • Memorandum of Association
    • Article of Association
    • Certificate of Incorporation
    • Certificate of Commencement

    “In terms of the Companies Act, 2013 ‘company’ means a company incorporated under the Act, or under the previous company law” [Sec. 2(20)].

    “A company may be an incorporated company, a Corporation, or an unincorporated company. An incorporated company is a single and legal (artificial) person distinct from the individuals constituting it. In contrast, an unincorporated company, such as a partnership, is a mere collection or aggregation of individuals. Therefore, unlike a partnership, a company is a corporate body and a legal person having status and personality distinct and separate from that of the members constituting it.”

    Documents required for Private Limited Company Incorporation

    1. PAN & Aadhaar Card of Directors cum Shareholders
    2. Passport-size photo of Directors
    3. Identity Proof of Directors and Shareholders  (Passport, Driving License, and Election id)
    4. Address proof of Directors and Shareholders –  (Bank Statement, Passport, Driving License, and Election id)
    5. Proof of Registered office ( Latest Electricity Bill, Telephone Bill, and NOC from the Landlord)
    6. Digital Signature Certificate of Directors and First Subscribers to MOU

     

    Where directors / Shareholders is a Foreign National

    Address and Identity proof as  : –  1. ) Passport  2. ) Driving License, Residence Card, Bank Statement, and Government issued form of identification containing an address.

    Get assistance to register a Private Limited Company in Kochi, Kerala

    Private Limited Company Incorporation - Pricing Plans

    Private Limited Company Incorporation in Kerala
    Plan 1
    Rs. 15,000/-

    Name Reservation

    Incorporation Form Filing

    e-PAN / TAN/ ESI & EPF Code

    Stamp Duty for Authorized
    Capital Upto 1 Lakh

    2 DIN

    2 DSC – Class 3 ( 2 Years)

    Dedicated Professional Advisory

    Price Exclusive of GST

     
     
     
     

    Plan 2
    Rs. 20,000/-

    Name Reservation

    Incorporation Form Filing

    e-PAN / TAN/ ESI & EPF Code

    Stamp Duty for Authorized
    Capital Upto 1 Lakh

    2 DIN

    2 DSC – Class 3 ( 2 Years)

    Commencement of Business ( Form INC 20A)

    GST Registration

    MSME / Udyam Registration

    Dedicated Professional Advisory

    Price Exclusive of GST

     

    Plan 3
    Rs. 35,000/-

    Name Reservation

    Incorporation Form Filing

    e-PAN / TAN/ ESI & EPF Code

    Stamp Duty for Authorized
    Capital Upto 1 Lakh

    2 DIN

    2 DSC – Class 3 ( 2 Years)

    Commencement of Business ( Form INC 20A)

    GST Registration

    MSME / Udyam Registration

    GST and ROC Filings ( First Year)

    Dedicated Professional Advisory

    Price Exclusive of GST

     

    Payment Terms :

    In the case of Plan 1 - Rs. 9,000/- as advance, the Balance after completion of Private Limited Company Registration.

    In the case of Plan 2 - Rs. 12,000/- as advance, the Balance after completion of all registrations.

    In the case of Plan 3 - Rs. 20,000/- as advance, the Balance after completion of all registrations. The plan does not include Accounting services, Audit fees, and RoC Fees.

     
     

    Private Limited Company Incorporation Procedure

    Registrar of Companies (RoC) under the Ministry of Corporate Affairs is the statutory body responsible for company incorporation’s in India. All the companies registered in India will come under the Companies Act 2013. The Central government has simplified the company incorporation procedure in India to promote investments and develop the Indian Economy. Incorporating a company through Simplified Proforma for Incorporating Company electronically (SPICe -INC-32), with eMoA (INC-33), eAOA (INC-34), is the default option, and most companies are required to be incorporated through SPICe only.

     

    Private Limited Company Registration in Kochi, Ernakulam, Kerala

    PEAK Business Consultancy Services is one of the leading consultants assisting in registering businesses in Kerala. We assist over 100 entrepreneurs in registering their establishments as Private Limited Companies. Registration of a Private Limited Company is a 100 % online procedure so that consultants can do it anywhere.

    Incorporation of Company

     

    Section 7 of the Companies Act, 2013 provides for the procedure to be followed for incorporating a company

     

    (1.) Filing of documents and information with the Registrar of Companies (RoC): For the registration of a company following documents and information are required to be filled with the ROC within whose jurisdiction the registered office of the company is proposed to be situated –
    • the memorandum of association (MOA) and article of association (AOA) duly signed by all the subscribers of the company
    • a declaration by a person who engaged in the formation of the company and the person named in the article (director, manager, or secretary of the company)
    • an affidavit from each of the subscribers to the memorandum and persons named as the first directors, if any, in the article stating that –
    1. he is not convicted of any offense in connection with the promotion, formation, or management of any company or
    2. he has not been found guilty of any fraud or misfeasance or any breach of duty to any company under this Act or any previous company law during the last five years
    3. all the documents filed with the Registrar for the registration of the company contain information that is correct and complete and true to the best of his knowledge and belief
    • the address for communication till its registered office is established
    • the particulars of every subscriber to the MOA along with identity proof and address proof
    • the particulars of the interest of the persons mentioned in the articles as the first directors of the company in other firms or body corporate along with their consent to act as directors of the company

     

    (2.) Issue of Certificate of Incorporation on registration of a company: The Registrar, based on documents and information filed, shall register all the documents and information in the registry and issue a certificate of Incorporation in the prescribed form to the effect that the proposed company is incorporated under this Act.

     

    (3. ) Allotment of Corporate Identity Number (CIN): On and from the date mentioned in the certificate of Incorporation, the Registrar shall allot to the company a corporate identity number, which shall be a distinct identity for the company and which shall also be included in the certificate.

     

    Ourtaxpartner.com helps to register a private company in Kochi. We are leading company registration consultants in Kochi, Ernakulam, and Kerala. Now Company registration in Kochi is straightforward at Ourtaxpartner.com. We provide full-length company registration services to our clients and assure 100% confidentiality and accuracy.
    Any foreign company can establish its place of business in India by filing eForm FC-1 (Information to be filed by a foreign company).

     

    Note: The eForm needs to be digitally signed by an authorized foreign company representative. There is no need to apply and obtain DIN for Directors of a foreign company. However, it is mandatory to register the DSC of the authorized representative of the foreign company via associate DSC service available at the MCA portal.

    A chartered accountant, Company secretary, Cost accountants, and advocates can incorporate a company in India.

    The liability of shareholders is limited to the investment of shareholders in the Company.

    The authorized capital of a company is the maximum amount of share capital that the company is authorized by its constitutional documents to issue to shareholders. Part of the authorized capital can remain unissued. The authorized capital can be changed with shareholders’ approval.

    Paid-up capital is the amount of money a company has received from shareholders in exchange for shares of stock. Paid-up capital is created when a company sells its shares on the primary market directly to investors.

    Ourtaxpartner.com is one of the leading and #1 business consultants who assist startups to register a Private Limited Company (PLC) in India. We offer our clients free consultation for Private limited company incorporation.

     

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    Yes, Ourtaxpartner.com is the leading company registration consultants in Kochi, Kerala. We support 300 plus new entrepreneurs and startup’s to register a new company in Kochi, Kerala. We are specialized in company incorporation services provided by the Registrar of Companies. Find the best company registration consulting services in Kochi.

     

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    Characteristics/Advantages of a Private Limited Company

     

    Independent corporate existence:  The outstanding feature of a private limited company is its independent corporate existence. It is a distinct legal person existing independent of its members. By incorporation under the Act, the company is vested with a corporate personality distinct from the members who compose it.

    Limited Liability: The privilege of limited liability for business debts is one of the principal advantages of doing business under the corporate form of organization. Where the subscribers exercise the choice of registering the company with limited liability, the members’ liability becomes limited or restricted to the nominal value of the shares taken by them or the amount guaranteed by them. No member is bound to contribute anything more than the nominal value of the shares held by him.

    Perpetual succession: An incorporated company never dies. It is an entity with perpetual succession. Perpetual succession means that the membership of a company may keep changing from time to time, but that does not affect the company’s continuity. The death or insolvency of individual members does not, in any way, affect the company’s corporate existence.

    Separate property: A company, being a legal person, is capable of owning, enjoying, and disposing of property in its name. The company becomes the owner of its capital and assets. The shareholders are not the several or joint owners of the company’s property. The company is the real person in which all its property is vested and by which it is controlled, managed, and disposed of.

    Transferable Shares: When joint stock companies were established, the great object was that their shares should be capable of being easily transferred. Accordingly, the Companies Act, 2013 in Section 44 declares: ‘The shares or debentures or other interest of any member in a company shall be movable property, transferable in the manner provided by the articles of the company.’ Thus incorporation enables a member to sell his shares in the open market and to get back his investment without having to withdraw the money from the company. This provides liquidity to the investor and stability to the company.

    Common seal: Since the company has no physical existence, it must act through its agents, and all such contracts entered into by its agents must be under the seal of the company. The common seal acts as the official signature of the company.

     

    How does the law define a Private Limited Company ?

     

    According to Section 2 (68) of the Companies Act, 2013 a ‘Private Limited Company’ means a company having a minimum paid-up share capital as may be prescribed, and which by its articles:

    1. restricts the right to transfer its shares.
    2. except in the case of One Person Company, which limits the number of its members to two hundred.
    3. prohibits any invitation to the public to subscribe to any securities of the company.

     
     

    Is registration of a private limited company mandatory ?

     

    According to Section 464 of the Companies Act, 2013, no association or partnership consisting of more than such number of persons (i.e., not exceeding 50 as per Rule 10 of Companies (Miscellaneous) Rules, 2014) shall be formed to carry on any business that has for its object the acquisition of gain by the association or partnership or by the individual members thereof unless it is registered as a company under this Act or is formed under any other law for the time being in force:

    Above stated provision shall not apply to

    • Hindu undivided family carrying on any business. Or
    • professionals governed by special Acts form an association or partnership.

    Every member of an association or partnership carrying on business in contravention of the above the law shall be punishable with a fine which may extend to one lakh rupees and shall also be personally liable for all liabilities incurred in such business.

     
     

    Procedural aspects of Private Limited Company Incorporation

     

    Section 7 of the Companies Act 2013 provides for the procedure to be followed for the incorporation of a company.

    I ) Filing of the documents and information with the Registrar: For the registration of the private limited company required the following documents and information to be filed with the Registrar within whose jurisdiction the registered office of the company is proposed to be situated:

      a)   the memorandum and articles of the company duly signed by all the subscribers to the memorandum.

      b)   a declaration by a person who is engaged in the formation of the company (an advocate, a chartered accountant, a cost accountant, or company secretary in practice) and by a person named in the articles (director, manager or secretary of the company), that all the requirements of this Act and the rules made there under in respect of registration and matters precedent or incidental to it have been complied with.

      c)   a declaration from each of the subscribers to the memorandum and persons named as the first directors, if any, in the articles stating that:

                  i) he is not convicted of any offense in connection with the promotion, formation, or management of any company or.

                  ii) he has not been found guilty of any fraud or misfeasance or breach of duty to any company under this Act or any previous company law during the last five years.

                  iii) and that all the documents filed with the Registrar for registration of the company contain information that is correct and complete, and true to the best of his knowledge and belief.

     

      d)   the address for correspondence till its registered office is established, for which 30 days is allotted after incorporation.

      e)   the particulars (names, including surnames or family names, residential address, nationality) of every subscriber to the memorandum along with proof of identity, and in the case of a subscriber being a body corporate, such particulars as may be prescribed.

      f)   the particulars (names, including surnames or family names, the Director Identification Number, residential address, nationality) of the persons mentioned in the articles as the first directors of the company and such other particulars including proof of identity as may be prescribed, and

      g)   the particulars of the interests of the persons mentioned in the articles as the first directors of the company in other firms or bodies corporate along with their consent to act as directors of the company in such form and manner as may be prescribed.

     

    II)  Issue of certificate of incorporation on registration:  The Registrar, based on documents and information filed, shall register all the documents and information in the register and issue a certificate of incorporation in the prescribed form to the effect that the proposed company is incorporated under this Act. 

     

    III) Allotment of corporate identity number (CIN): On and from the date mentioned in the certificate of incorporation, the Registrar shall allot to the company a corporate identity number, which shall be a distinct identity for the company and which shall also be included in the certificate.

     
     

    Who helped to register a Private Limited Company in Kochi, Kerala ?

     

    PEAK Business Consultancy Services helps to register the business as a Private Limited Company in Kochi, Ernakulam, and Kerala. We have incorporated more than 100 companies as Private Limited. Our this experience in the Incorporation of a Private Limited Company helps you simplify the documentation and complexities involved in the registration procedure. Our consultants give you complete knowledge about the pros and cons of registering the business as a Private Limited Company so you can decide on private Limited Company registrations. Company Registration assistance is one of the pioneer categories of services we provide here, and we mainly focus on Kochi, Ernakulam, and Kerala.