Private Limited Company Registration

About Private Limited Company

Before starting any business, we need to decide first thing whether we are going to do business alone or along with someone else. If the answer comes we will start business with someone else, we have been lot of options like partnership firm, limited liability partnership firm, joint venture, public limited company & private limited company etc. So, Private limited company is one of the available varieties among lot of options to start business with someone else.

Private Limited company is an incorporated association means it comes in to existence with some pre-determined process. Like we are natural person, it is an artificial person. It has its own PAN (Permanent Account Number) like we have. Most of the work it can do what we can do as a natural person except natural process. It can contract; It can sue & be sued. Like we are bound with laws of society, it is bound with the laws of Companies Act, 2013. It has its own constitutional documents called Memorandum of Association (MOA) & Articles of Association (AOA).

Minimum 2 people (natural & artificial both) can register a private limited company.

For natural persons following documents are required:

  • PAN
  • AADHAR
  • EMAIL ID
  • MOBILE NUMBER
  • ANY ONE OF ELECTRICITY BILL / MOBILE BILL / TELEPHONE BILL / BANK STATEMENT MUST NOT BE OLDER THAN 2 MONTHS*
  • PASSPORT SIZE PHOTOGRAPH
  • For artificial persons following documents are required:

    RESOLUTION FROM BOARD OF ARTIFICIAL PERSON


    For address proof of company:

    If owned premise: ANY ONE OF ELECTRICITY BILL / MOBILE BILL / TELEPHONE BILL MUST NOT BE OLDER THAN 2 MONTHS* ALONG WITH NOC

    If rented premise: ANY ONE OF ELECTRICITY BILL / MOBILE BILL / TELEPHONE BILL MUST NOT BE OLDER THAN 2 MONTHS* ALONG WITH NOC & RENT AGREEMENT

Minimum 2 people (natural & artificial both) can register a private limited company.

Minimum 2 directors are required to register a private limited company. At any time, if minimum number of directors falls below 2, there comes a statuary default.

As per Section 165(1) of the Act states that an individual can hold the office of director simultaneously in 20 companies. The number of 20 companies includes the office of alternate directorship. an individual can't be a director in more than 20 companies at a given time. However, the utmost number of public companies during which an individual are often a director simultaneously is 10. Yes! A natural person can be a director, a member and member & director both.

Members & shareholder are usually same terms. Equity Shareholders are often referred to as members also. Members or Equity Shareholders are owners of the company. Directors are the agents like hand, leg, ears & eyes of the company. The company functions through directors. The directors are usually appointed by shareholders. Since a private limited company is closed ended company usually a person is both the director & shareholder. Collectively all directors are called board of directors.

Like at time of registration of property, We pay the stamp duty; in the same way, at time of registration of a company we have inform the capital (funds) that we may infuse for operations now or in future, accordingly decide a upper limit of investment in terms of capital. This amount of capital is called Authorized Capital & we pay stamp duty on it. It is amendable. When we increase we pay additional stamp duty. The part of Authorized capital that has been actually invested in the company is called paid-up capital.

Limited liability means suppose a member subscribed capital of Rs. 100,000/- but paid Rs. 60,000 to the company. The company meets losses & become insolvent / bankrupt. The liability of that member shall be limited to Rs. 40,000/- only be the losses of 4 crores or more or that person may have capability to fulfill the losses from his personal property

Any type of legal business activities can be performed by Private Limited Company. It is to be noted that there are lot of legal business activities that may require extra license also. For example, for medical business you need a drug license & for supply of security guards you need PSARA License.

It depends on nature of company like manufacturing company the rate of tax is 15% & other the rate of tax is 22%. After reducing all the expenditures from gross receipt, we calculate Net profit & apply rate of tax on such amount to calculate tax amount.

There are lot means to plan your tax & finance even to secure your family in private limited company. For example, salary, directors sitting fees etc. are some of the head, we can plan.

Comparison

BASIS PUBLIC COMPANY PRIVATE COMPANY
Meaning A public company is a company which is owned and traded publicly A private company is a company which is owned and traded privately.
Minimum members 7 2
Maximum members Unlimited 200
Minimum Directors 3 2
Suffix Limited Private Limited
Start of business After receiving certificate of incorporation and certificate of commencement of business. After receiving certificate of incorporation.
Statutory Meeting Compulsory Optional
Issue of prospectus / Statement in lieu of prospectus Obligatory Not required
Public subscription Allowed Not allowed
Quorum at AGM 5 members must present in person. 2 members must present in person
Transfer of shares Free Restricted
Comparison Private limited company Limited liability partnership
Maximum number of members 200 none
Requirements for compliance Annual return filling borad meetings and general meetings Annual return filling and Statement of Account & Solvency.
Audit compulsory Only if contribution more than Rs. 25 lakhs or turnover exceeds Rs. 40 Lakhs
Time for registration & start of working 5 Working Days (As all the working requirements like PAN, TAN, EPF, ESI, BANK ACCOUNT NUMBER Etc. everything provided at time of time of approval of registration application) 25 Working days (Everything need to be applied separately post registration.
Dividend distribution tax Apply Not apply

NIDHI COMPANY:

  • Nidhi company can accept deposits and give loan to its shareholders/members only.
  • Nidhi Company cannot offer these facilities and current account to its members.
  • CO‐OPERATIVE BANKS
  • Can accept deposit from non-members also and can give loan to both members and non-members.
  • Can offer many services to its members like Cheque and the insurance cover from the Deposit Insurance and Credit Guarantee Corporation.
  • Can offer many services to its members like Cheque and the insurance cover from the Deposit Insurance and Credit Guarantee Corporation.

One time Compliances?

Post Incorporation Compliances

Filing of Form INC-20A (Intimation of Commencement of Business) within 6 months from the date of incorporation.

  • Appointment of Auditor (can be appointed for maximum 5 years in one shot).
  • Filing of Annual Accounts & Audit of company
  • Filing of Return of ROC
  • KYC of all director’s DIN

GST, Income tax & Other Laws Compliances in Nidhi Company

We all know, every land have multiple laws to collect its revenue & manage the system of nation. There are also various laws like GST Act, State Shop & Establishment Act, Income Tax Act, Custom Duty & lot more. Every law has its rules of applicability. If we fall into ambit of such law, we need to comply it in addition to the companies act, 2013.

It is to be noted that there are lot of legal business activities that may require extra license also. For example, for medical business you need a drug license & for supply of security guards you need PSARA License.

There are lot of situation, you should take GST Registration, some of those are as under:

  1. If you want to sell over e-commerce.
  2. If you want to supply out of the state.
  3. If you want to export.
  4. If supplies by you exceed the basic not taxable limit i.e. 20 lakhs for services & 40 lakhs for goods.
  5. If you are dealing in such supplies which require compulsory registration. Etc.

Yes, If you are not falling in such supplies which require compulsory registration.

Process of company registration

  1. Collection of papers
  2. Application of DSC (Digital Signature Certificate)
  3. Application for Name Approval
  4. Post Name Approval, Preparation of Registration documents
  5. Signing of documents from promoters
  6. Application at Government portal for registration
  7. Final approval of company

Software Requirements

For inventory management, GST Returns preparations, financial statements preparation & roc compliance report preparations, software can be usefull.

Register your Private Limited Company in

13300.30

(including all taxes & government fees" (PAN, TAN, DIN, DSC, 15 Lakhs Authorised Capital, EPF, ESI, LIN, GST & Shielded Certificates all included) * No Hidden Charges.

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