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:
RESOLUTION FROM BOARD OF ARTIFICIAL PERSON
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.
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:
Filing of Form INC-20A (Intimation of Commencement of Business) within 6 months from the date of incorporation.
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:
Yes, If you are not falling in such supplies which require compulsory registration.
For inventory management, GST Returns preparations, financial statements preparation & roc compliance report preparations, software can be usefull.
(including all taxes & government fees" (PAN, TAN, DIN, DSC, 15 Lakhs Authorised Capital, EPF, ESI, LIN, GST & Shielded Certificates all included) * No Hidden Charges.