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Private Limited Company Incorporation in India

  • Private Limited Company Incorporation assistance in India
  • Complete the Incorporation Procedure with ROC within Seven Days
  • 24 * 7 dedicated support from ROC / Legal Experts
  • Engaging Competent Persons in the Company Registrations process with MCA
  • Makes the company Incorporation procedures with MCA / ROC easy
  • Serve clients all over India
  • The responsible documentation process for Company Incorporation
  • Facilitate legal advisory on Company Incorporation and ongoing compliances
  • Expert advisory on Initial Capital Strategy, Issuance of Shares, allotment, and its legal compliance.
Enquiry

    Why Business register as a Private Limited Company in India ?

     

    In India, registering a business as a Private Limited Company is a strategic move that brings numerous benefits, making it a preferred choice for entrepreneurs and established businesses alike. This form of business structure is highly regarded for its ability to balance flexibility with the advantages of a corporate entity. A Private Limited Company Registration ensures limited liability protection, which means that the personal assets of shareholders are safeguarded against business liabilities. This feature is particularly crucial in today’s volatile market, where it minimizes the financial risks for owners. Furthermore, the distinct legal identity of a Private Limited Company allows it to enter into contracts, own assets, and be liable for debts in its own name, enhancing its credibility and professional image. This legal distinction is a vital factor for businesses aiming to establish a strong presence in the competitive Indian market.

     

    Another compelling reason for choosing Private Limited Company Registration in India is the ease of raising capital. Unlike sole proprietorships or partnerships, a Private Limited Company can access various funding options, including equity funding, bank loans, and venture capital, thereby providing a solid foundation for growth and expansion. The structure also offers significant tax advantages, such as lower corporate tax rates and certain exemptions, which are critical for optimizing financial efficiency. Moreover, the stability and perpetual succession of a Private Limited Company, unaffected by changes in shareholders or directors, ensure uninterrupted business operations. This aspect of continuity is a key consideration for businesses planning long-term strategies. Incorporating as a Private Limited Company in India not only positions the business for sustainable growth but also builds trust among investors and customers, a crucial factor in the ever-evolving business landscape of the country.

     
     

     Ourtaxpartner.com is an expert service provider in Kochi, Ernakulam, Kerala, India for incorporating Private Limited Companies.

     

    Why want to choose Ourtaxpartner.com for incorporating a Private Limited Company in India?

     

    Ourtaxpartner.com, an expert group of professionals with 12 years of experience in the industry, has established professional partnerships with competent authorities and legal experts to facilitate the incorporation and legal procedures of private limited companies in India. We specialize in company incorporations with the Ministry of Corporate Affairs (MCA), providing legal advisory services on company laws and rules, capital advisory on issues such as share capital allotment and transfer, and ensuring compliance with all legal requirements under the Companies Act 2013 or any previous Acts with the Registrar of Companies (ROC). We understand that ultimate responsibility for legal compliance rests with the company’s directors, and we assist them in fulfilling this responsibility and making their companies legally compliant. Our expertise in company incorporations, legal matters, investments, and business management adds value to our clients.

     

    There are several reasons why one might consider choosing Ourtaxpartner.com for incorporating a Private Limited Company in India:

    Expertise: Ourtaxpartner.com has a team of experts who are well-versed in the legal and regulatory requirements of incorporating a Private Limited Company in India. They can guide you through the entire process and ensure that all the necessary steps are taken to set up your company in compliance with Indian laws and regulations.

    Affordable: Ourtaxpartner.com offers competitive pricing for its services, making it a cost-effective option for entrepreneurs and small business owners who are looking to set up a Private Limited Company in India.

    Efficiency: Ourtaxpartner.com has a streamlined process for incorporating a Private Limited Company, which can save you time and hassle. They use modern technology to simplify the process and provide efficient services to their clients.

    Support: Ourtaxpartner.com provides ongoing support to its clients even after the incorporation process is complete. They can assist with annual compliance requirements, legal and financial issues, and other matters related to running a Private Limited Company in India.

    Overall, Ourtaxpartner.com can be a good choice for those who want to incorporate a Private Limited Company in India, because of our expertise, affordability, efficiency, and ongoing support.

     

    Ourtaxpartner.com offer a variety of services to help you incorporate your Private Limited Company, including:

    • Name search and reservation
    • Drafting of Memorandum of Association (MOA) and Articles of Association (AOA)
    • Company registration with the Registrar of Companies
    • Issuance of certificates and documents
    • Assistance with opening a bank account
    •  
      Our pricing is transparent and competitive. We believe in providing our clients with affordable solutions, without compromising on the quality of our service. Contact us today to get a quote.

       
       

    Documents required for Private Limited Company Incorporation in India

    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 India

    Private Limited Company Incorporation - Pricing Plans

    Private Limited Company Incorporation in India
    Plan 1
    Rs. 11,800/-

    Name Reservation

    Incorporation Form Filing

    AoA, MoA & Certificate of Incorporation

    e-PAN / TAN/ ESI & EPF Code

    2 DIN

    2 DSC – Class 3 ( 2 Years)

    Dedicated Professional Advisory

    Price Inclusive of GST

    Applicable Govt. fees need to pay as Extra

     

    Plan 2
    Rs. 17,700/-

    Name Reservation

    Incorporation Form Filing

    AoA, MoA & Certificate of Incorporation

    e-PAN / TAN/ ESI & EPF Code

    2 DIN

    2 DSC – Class 3 ( 2 Years)

    Commencement of Business ( Form INC 20A)

    GST Registration

    MSME / Udyam Registration

    Dedicated Professional Advisory

    Price Inclusive of GST

    Applicable Govt. fees need to pay as Extra

     

    Plan 3
    Rs. 35,400/-

    Name Reservation

    Incorporation Form Filing

    AoA, MoA & Certificate of Incorporation

    e-PAN / TAN/ ESI & EPF Code

    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 Inclusive of GST

    Applicable Govt. fees need to pay as Extra

     

    Payment Terms :

    In all Plans, Payment must be done in Advance.
    All plans applicable only for Two Key Persons, Additional Persons will charge Rs. 2,000/- extra ( Price Includes One DSC).

    Govt. fees will vary depends upon the States you choose for Company Incorporation, So, the price will finalize only after informed the Registered office Address of the Company.

    You can use the MCA Online Utility to calculate the applicable Govt. fees
    RoC Fees Calculator

    Instructions to Use the Utility :
    Click on the above Link " RoC Fees Calculator "
    Choose Company >>>>> Click Select Form >>>>> From the Drop down Choose SPICE + ( INC-32)
    Put the Purpose of Filing as Incorporation of OPC / Small Company >>>>> Put the Authorized capital as planned (Amount in Figures) >>>>> and choose the State to Register and Click on Calculate 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.

    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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    Merits of a Private Limited Company

    • Limited Liability: Shareholders have limited liability, which means their personal assets are protected in the event of business failure. They are only liable for the amount they invested in the company.
    • Separate Legal Entity: A private limited company is a separate legal entity from its owners. This means the company can own property, sue or be sued in its own name.
    • Continuity of Existence: The company’s existence is not affected by the change in ownership or the death of its shareholders or directors, ensuring continuity.
    • Raising Capital: It can be easier to raise capital through the sale of shares to investors, as opposed to sole proprietorships or partnerships.
    • Professional Image: Having ‘Pvt Ltd’ at the end of the business name can enhance the perception of the business, potentially leading to more customer trust and business opportunities.
    • Ownership and Management Separation: Shareholders (owners) can appoint directors to manage the company, allowing a professional management team to run the business.
    • Tax Benefits: Private limited companies often enjoy tax advantages, like lower corporate tax rates and eligibility for certain tax deductions.

    Demerits of a Private Limited Company

    • Complex Formation and Operation: Setting up and operating a private limited company can be more complex and time-consuming than other business structures, requiring compliance with more regulations and legal requirements.
    • Limited Capital Raising Potential: Since shares of a private limited company cannot be offered to the public, there’s a limitation on the amount of capital that can be raised compared to a public limited company.
    • Lack of Transparency: Private limited companies are not required to publish their accounts or business activities, which can sometimes lead to a lack of transparency for outsiders.
    • Restriction on Share Transfer: Shares in a private limited company cannot be freely transferred or sold to the public. This might hinder the liquidity of an investment in the company.
    • Dividend Distribution Tax (DDT): In some jurisdictions, companies might have to pay a dividend distribution tax when they distribute profits to shareholders, affecting the overall profitability.
    • Compliance and Regulatory Requirements: Private limited companies face stringent regulatory requirements, including annual filings, board meetings, and financial audits.
    • Decision-Making Delays: In a company with multiple directors or shareholders, decision-making can be slower due to the need for agreement or consensus.

     

    An Overview of a Private Limited Company in the aspects of The Companies Act 2013

     
    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.”

     

    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 Protection: A Pvt Ltd company is a separate legal entity from its owners, which means that the owners are not personally liable for the company’s debts or legal issues. The liability of the shareholders is limited to the amount they have invested in the company. 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.

    Limited Number of Shareholders: A Pvt Ltd company can have a minimum of two and a maximum of 200 shareholders. The company can also have a minimum of two Directors.

    Minimum Share Capital: Before the introduction of the Companies Act 2013, a minimum authorized and paid-up capital of Rs. 1 lakh was required to incorporate a Private Limited Company (Pvt Ltd) in India. However, after the introduction of the Act, this minimum capital requirement has been removed, making it easier and more affordable for entrepreneurs to start their businesses. Therefore, the law now accurately states that there is no minimum capital requirement to incorporate a Pvt Ltd company under the Companies Act 2013, whereas previously there was a requirement of Rs. 1 lakh.

    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 Legal Entity: A Pvt Ltd company is considered a legal entity, which means that it can own property, enter into contracts, and file lawsuits. 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.

    Separate Management: The shareholders of a Pvt Ltd company are not directly involved in the day-to-day management of the company. The company is managed by a board of directors, who are elected by the shareholders.

    Restricted Ownership: A Pvt Ltd company has restrictions on the transferability of its shares. The shares cannot be freely traded on the stock exchange, and they can only be sold or transferred with the consent of the other shareholders.

    Annual Filing Requirements: A Pvt Ltd company is required to file annual returns and financial statements with the Registrar of Companies in the country where it is incorporated. The various regular forms that need to file with the Registrar of Companies are AOC 4, MGT 7 ( MGT 7A for Small Companies), ADT 1, DPT 3, and DIR 3 KYC.  

     

    Overall, a Pvt Ltd company is a popular business structure for small and medium-sized businesses as it provides limited liability protection to its shareholders, allows for restricted ownership and separate management, and is considered a legal entity.

     

    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:

    Registration of a private limited company is indeed mandatory in most jurisdictions, including India. The process of incorporating a business as a private limited company is a legal requirement and not merely a formal or optional step. This is because a private limited company is considered a separate legal entity, distinct from its owners and shareholders.

    In India, for instance, the registration process is governed by the Companies Act, 2013. It involves several steps, including obtaining a Digital Signature Certificate (DSC), Director Identification Number (DIN), filing for name approval, and submitting the incorporation forms along with the required documents to the Ministry of Corporate Affairs (MCA). Only after the approval of these forms and issuance of a Certificate of Incorporation can a business legally operate as a private limited company.

    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 company registration contain information that is correct, 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.

     

    Incorporation Procedure of a Private Limited Company in India

     

    Helping the learner’s to understand the detailed step-by-step incorporation procedures of a Private Limited Company in India with the Ministry of Corporate Affairs ( MCA). Describe the procedures with the help of infographics then that beginners can understand them easily. PEAK Business Consultancy Services is committed to updating and publishing the information for the learner’s community.

     
     Detailed Step by Step Incorporation Procedure of a Private Limited Company in India explained with the support of a simple Infographics

     

    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.