Private Limited Companies: Introduction

Private Limited Companies (PLCs) form a major part of India’s economy. As of May 2018, there are a total of 10 million or 1crore private limited companies in operation in the country. But what are PLCs? How are they formed? What do you need to start your own PLC? What is the registration procedure? With this piece, we hope to answers this and many of the FAQs Private Limited Company Registration gives rise to. Private Limited Companies have a lot of ease of doing business and operations in India due to the exemptions given them by the government. Read Exemptions Private Limited Company

You might also be intreseted in the Company Incorporation Procedure

FAQs Private Limited Company Registration

What are Private Limited Companies?

Private Limited Companies are basically companies/organizations which are held privately (the general public cannot buy shares) for small businesses. These companies are called Limited Liability Companies(LLCs) in the United States format. Limited Liability basically means that the risk to the personal assets of a Shareholder/Director is limited to his/her value of shares of the company.

Who can Register Private Limited Company in India?

Private Limited Companies require a minimum of two shareholders. Therefore, any two individuals with valid PAN card and Aadhar card and a proposed office(rented/self-owned) are eligible to start a company in India.

How to register Private Limited Company in India?

The basic procedure for registering a Private Limited Company in India is as follows:

  1. Obtain Digital Signature Certificate (DSC)
  2. Self-Attest the Documents for Private Limited Company Registration. Including Articles of Association(AoA), Memorandum of Association(MoA), utility bills of proposed office among others.
  3. File with form INC-32 for One-Day Company Incorporation with SPICe. This form has provisions for streamlining many processes including obtaining DIN, Name Reservation, Incorporation, PAN application, TAN number.

What are the Forms Required for Private Limited Company Registration?

Ministry of Corporate Affairs (MCA) has introduced new SPICe INC- 32 Forms for faster company incorporation. Apart from this, to register a private limited company, e-MoA(INC-33) and e-AoA (INC-34) are also to be filed. Read the complete Company Incorporation Procedure

What are the Documents required for registration of Private Limited Company in India?

Given below is a checklist of documents to keep handy for registering a Private Limited Company.

  • Memorandum of Association (MoA)
  • Articles of Association (AoA)
  • Declaration and Affidavit by directors and first subscribers
  • Proof of Office Address
  • Utilities Bills’ Copy  not more than 2 months old (Electricity, Gas, Water Bills etc.)
  • Copy of approval if the proposed name is containing words/expressions which need authorization by the Central government
  • In case of proposed name based upon a registered trademark then it is mandatory to attach trademark registration certificate or trademark application copy
  • NOC from sole proprietors partners /associates/ existing company
  • Proof of identity and residential address of subscribers.
  • Proof of identity and residential address of directors.

How much time does it take to incorporate a Private Limited Company in India?

Ideally, the Ministry of Corporate Affairs aims to incorporate a company in one day with the new INC-32 forms. However, there is a lot of preparation behind the scenes to be done before the one-day process. Given below is a breakdown of how much time it will take to incorporate a company.

  • 1 Day-  Document Preparation
  • 1 Day-  Signing Documents
  • 1-2 Days- DSC Processing (Digital Signature Certificate with declaration is required to file INC-32)
  • 1 Day – Incorporation Processing with SPICe.

Hence in total, it would take 4-5 working days to incorporate a private limited company.

How much capital does it take to run and maintain a PLC?

Ideally, to run and maintain a Private Limited Company Rs.15,000 are spent on incorporation, Rs. 15,000 are spent on ROC compliances of Private Limited Company and Rs. 15,000 would be spent on Audit procedures. You can check out Auditing requirements of a Private Limited Company. All things considered, it would take a capital of around 45,000- 50,000 Rs. to start and maintain a PLC.

Can Private Limited Companies trade shares?

No. Private Limited Companies are held PRIVATELY which means trades of the company are not tradable to the general public.

How many shareholders can a Private Limited Company have?

Private Limited Companies need at least 2 directors to incorporate and the upper limit of the number of shareholders is 200.

How many Directors can a Private Limited company have?

A Private Limited Company has to have a minimum of 2 directors and a maximum of 15 directors.

Can Private Limited Company invite FDI(Foreign Direct Investments)?

Yes. Private Limited Companies are great instruments to attract venture capital and FDI in India. Private Limited Companies have great scope for growth.

Thus, it is easy to see that private limited companies have a great scope in India. At LegalRaasta, we specialize in services related to Private Limited Company Registration along with services of GST registration and Income Tax Return Filing. You can talk to us about your requirements at +91-8750008585 or drop us an e-mail at [email protected].