BBNC

Private Limited Company


A Private Limited Company is the most popular entity type in India. The Liability of the members of a Private Limited Company is Limited and legally protected to the amount of shares held by them. It is best suited for Start-ups, small and scalable businesses.
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Overview

According to studies 95% of the Indian business incorporate as a private limited company. it is an artificial person created by the law, it can act individually, a Private Limited Company can sue and can be sued on its own name. There is a clear distinguish between the managers (Directors) and the owners (Shareholders) of the company. Most of the foreign companies incorporate their subsidiary company in India as a private limited company.

It is the most credible type of entity and recognized by the Indian law due to its regularized compliances. It is quite easy to receive equity funding in the private limited company.



Benefits of Private Limited Company

Below are the list of advantages and benefits of forming a Private Limited Company

Ownership

Private Limited Company clearly defines the Owners (Shareholders) and Directors (management) of the company. which helps in offering equity shares to new shareholders.

Foreign Direct Investment

Accepting Foreign Direct Investment (FDI) is quite easy, as compared to other type of entities. Because in most of the sectors for Private Limited Company FDI is allowed through Automatic route. Which is not the case in other entities

Share Transfer

Transfer ownership from one shareholder to another shareholder is quite easy and fast process in private limited company as compared to the other entities.

Fund Raising

Venture capital, Equity fund and raising funds from the banks is easier in Private Limited company as compared to other entities.

Number of Directors and Shareholders

In Private Limited Company only 2 shareholders and directors are required but in case of public limited companies minimum 7 directors are required.

ESOP

Private limited company offers an Employee Stock Option Plan (ESOP), from which a company can offer shares to its loyal employees at a fixed subscription price over a period of time.

Compliance

Compliances for Private Limited Companies are high as compared to other entities, but that helps in recognizing it. Private Limited Company is the most recognized type of entity in India.

Checklist/Requirements

Basic Requirement

• At least 2 shareholders – maximum of 200
• At least 2 Directors - Maximum of 15
• At least 1 director should be resident of India
• Directors and shareholders can be the same person.
• An address which acts as a registered address of the company

Documents requirement

For Each Director and shareholder
1. PAN card* (Mandatory for Indians & others if held)
2. Passport* (for NRI, Foreigners, and Indians if held)
3. Address proof (any 1 of) (Not more than 2 months old)
  a. Bank Statement
  b. Phone Bill
  c. Mobile Bill
  d. Electricity Bill

(Note - For NRI & Foreigners Documents issued by foreign authorities or signed outside India must be notarized & apostilled)

For Registered Address
  1. NOC from Owner*
  2. Rent Agreement*
  3. Utility Bill*

How to Register Private Limited Company?

Once the founders of the company finalize on the name of the company then the process of incorporation of Private Limited Company starts as below (Note: Name of the company can be different from the brand name, it is not mandatory to have same brand name as a company name)

Step 1: Application for DSC (Digital Signature Certificate) and DIN (Directors Identification Number)

Step 2: Apply for the Name reservation

Step 3: Drafting & filing MOA & AOA to register the private limited company

Step 4: Apply for the PAN and TAN of the company

Step 5: Issue Certificate of Incorporation along with PAN and TAN of the company

Key Deliverables

a. DSC of directors and shareholders

b. PAN and TAN number

c. Certificate of incorporation

d. MOA & AOA of the company

Private limited company incorporation

Why Choose Us

  Entrepreneur Friendly

We make the process so easy and fast that you will not even feel the headache of all the paperwork, and our professionals will provide you all the promised deliverable within a given span of time.

  Experienced Professionals

All our professionals are qualified and specialized in that particular work. Making sure no mistakes are done at the time of filings with the authorities so that company won’t have to pay any penalties due to mistakes.

  One Stop for All Your Requirements

We support you throughout the journey of your business, from the incorporation, Accounting and taxation support, Secretarial compliance support, and Legal support.

  Cost-Effective

We believe that cost plays a vital role in any company’s growth stage, that’s why we do not surprise our clients with hidden charges, you pay what you see in the initial proposal.


Frequently Asked Questions


Is DSC mandatory for Subscribers?
Yes, DSC is mandatory for all subscribers and witnesses in eMoA(INC-33) and eAoA(INC-34). eMoA and eAoA shall be used only where the maximum number of subscribers do not exceed 7. In case the number of subscribers are more than 7, INC-7 shall be used and DSC is not mandatory in such cases.
No, it is not mandatory for the name to be indicative of the nature of its business, however we advise you to follow the name guidelines provided below.

Broadly the company name has 3 components in it

Unique component This the first component and also the prime component of the name. this should be unique and should not be trademarked or used by any other company or LLP. It should not contain phrases or words that are blacklisted by RBI.

Description of Industry: The second component should be a word or phrase which describes the business or Industry the company is going to carry its operations. Some of the popular descriptive words are Technology/ies, Internet, Chemicals, builders, etc.

Suffix: A private limited company should compulsorily use suffix “Private Limited” at the end of its company name.
DSC (Digital Signature Certificate) is an instrument (pen drive) issued by the certifying authorities by which you can sign e-documents. To file the incorporation related documents and other filings with MCA or income tax department DSC is mandatory.

DIN (Director Identification Number) is a mandatory document for all the directors of a company. it is an 8-digit unique identification number allocated to a director. This has a lifetime validity.
As per Rule, 13 of the Companies (Incorporation) Rules, 2014, where the subscriber to the Memorandum of Association (“MOA”) or a Director to be appointed is a foreign national residing outside India, the MOA, Articles of Association (“AOA”), proof of identity as well as address proof shall be attested in the following manner which is based on the country where the Subscriber/Director reside or the registered office is situated in case of a body corporate being the subscriber: Residing in a country which is part of the Commonwealth ‒ by a Notary (Public) in that part of the Commonwealth; Residing in a country which is party to the Hague Apostille Convention, 1961 ‒ by a Notary (Public) and duly apostilled in accordance with the said Hague Convention; and Residing in a country which is not party to the Hague Apostille Convention, 1961 ‒ the documents shall be notarized before re the Notary (Public) of such country and the certificate of the Notary (Public)shall be authenticated by a Diplomatic or Consular Officer empowered in this behalf under Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (40 of 1948) e. attested by Public Notary and authenticated by Indian Embassy in the country of residence. Some of the counties which falls under the list of Hague Convention are: United Kingdom of Great Britain and Northern Ireland United States of America, Singapore, Switzerland, Malaysia, Australia, China, People's Republic of, Japan, Germany.
“India” can be used by foreign company which is incorporating its subsidiary company in India. The original name of the holding company as it is may be allowed with the addition of word “India” or name of any Indian state or city, if otherwise available. The words “Global” “International” can be used in the name of an Indian company.
A director shall be liable for the offences / non-compliances occurred during his tenure even after his resignation and disassociation with the company.
An individual can serve as an auditor for a term of five consecutive years. A firm can serve two terms of five consecutive years each, i.e., a total of 10 years as an auditor. Every company shall, at the first annual general meeting, appoint an individual or a firm as an auditor who shall hold office from the conclusion of that meeting till the conclusion of its sixth annual general meeting.
Every company shall in each year hold in addition to any other meetings, a general meeting of its shareholders as its annual general meeting for adoption of audited financial statements, declaration of final dividend, etc the first AGM of a company should be held within a period nine-month from the date of close of first financial year. In any other case, within a period of six months from the date of closing of the financial year.