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Private Limited Company
Registration in India

Experience a seamless, hassle-free & timely private limited company registration with our company registration consultants.

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Private Limited Company Registration – An Overview

A private limited company is a famous business structure in India due to its distinct characteristic features. It is a separate legal entity, allowing limited liability protection to its shareholders and protecting their personal assets from business debts. Governed by the Companies Act 2013, a private limited company can be registered with a minimum of two shareholders and a maximum number of 200 shareholders.

This type is suited for businesses that aim to raise funds for operations in the long run. It allows shareholders to transfer their shares by the company’s Articles of Association (AOA) rules. However, unlike public limited companies, private limited companies cannot offer shares to the general public or trade them on the stock exchange. These companies must comply with regulations, including audits, annual filings and corporate governance norms. This structure is ideal for small and medium enterprises as it offers management flexibility and a specific degree of financial privacy.

Advantages

Why is Company Registration Required?

Company registration is a process that gives legal status to a business and establishes its identity, separate from its owners. It boosts the organization’s credibility, making it easier to gain the trust of the customers, suppliers and investors. It also opens the gateway to secure funding and facilitates protecting intellectual property rights. Company registration in India guarantees perpetual succession, enabling the business to operate beyond the founders’ participation. Registering a business is a step that gives the company a formal and legal standing, helps in its expansion and provides financial stability.

  • Limited Liability Protection

    One of the most important benefits of a private limited company is that it offers limited liability protection. It safeguards the personal assets of the shareholders against business debt, limiting the financial risk of investing in shares. It shields individuals from business liability, creating substantial financial protection.

  • Greater Credibility 

    Registering a business boosts its credibility, making it more lucrative to customers, suppliers and investors. A registered company is considered legitimate and professional, promoting mutual trust and encouraging business relations.

  • Funding Access 

    Funding is important for business growth. A private limited company is entitled to raise funds for its operations by issuing shares or borrowing funds from different sources, such as banks or other financial institutions. Funding helps the business fulfil its operational needs and expand its operations.

  • Perpetual Succession 

    A private limited company offers perpetual succession. It is not impacted by changes in ownership or the death of its founders. Perpetual succession gives businesses the stability to continue operating over a period of time.

  • Separate Legal Entity

    A registered private limited company is considered to be a separate and distinct legal entity. It can enter into contracts independently, sue and be sued. The individual legal status boosts its efficiency and grants it the legal clarity to function independently.

  • Tax Benefits    Private limited companies benefit from various tax incentives and deductions, which help reduce their tax burdens. Such taxation leverages help them save costs and gain from multiple other transactions, helping them manage their finances better. Adopting disciplined financial practices helps them improve their profits.

Eligibility Criteria for Private Limited Company Registration

According to the Ministry of Corporate Affairs, the eligibility criteria to register a Private Limited company in India includes the following:

Checklist for the Private Limited Company Registration:
  • A minimum of two shareholders. Maximum number of shareholders can be 200.
  • A minimum of two directors, one of whom must be a resident of India.
  • The selected company name must be unique and should not appear similar to an existing business.
  • The Registrar of Companies (ROC) must approve the proposed company name.
  • Have an official company address.
  • A valid Goods and Services Tax (GST) number.
  • Should register with the Employee Provident Fund (EPF) department.
  • Should register with the Professional Tax department (if applicable).
  • Legal and regulatory compliance is a must—maintaining books of accounts, holding annual general meetings, filing annual returns with the ROC, etc.
  • The company should not be involved in any illegal activity per Indian law.
  • The company should finalize its capital requirement.
  • Open a bank account in the bank.
  • Draft its Memorandum of Association (MOA) and Articles of Association (AOA).
  • The company must appoint an auditor, a chartered accountant, and a CS.
Checklist for the Directors:
  • Directors should have their Director Identification Number (DIN).
  • Directors should have their Digital Signature Certificate (DSC).
  • Directors should have their Permanent Account Number (PAN).
  • Directors should have their Tax Deduction and Collection Number (TAN).
  • Directors and shareholders should have attained the legal age.
  • Directors must submit their address proof.

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Required Documents for Private Limited Company Incorporation

The company incorporation documents needed for a private limited company comprise legal and financial documents, including the following:

  • ID Proof – PAN card for Indian directors and Passport for foreign directors.
  • Passport-size photos of the directors.
  • Address proof of directors – Driving licence, Aadhaar card, Ration card, Residence card (for foreign directors).
  • Sample signatures of directors.
  • Company Incorporation Certificate.
  • Official address proof – Bank Statement or Utility Bills (electricity).
  • Registered office proof:
    1. Copy of Sale Deed – If the property is self-owned.
    2. NOC from property owner – If the property is rented.
  • A self-declaration confirming directorship in other companies.
Step-by-Step Private Limited Company Registration Process
  • DSC and DIN 

The first steps for online company registration are getting the Digital Signature Certificate (DSC) and Director Identification Number (DIN). The DSC acts as proof of identity for the directors and requires them to sign digital forms throughout the registration process.

Company Name Reservation

Once the DSC is obtained, the next step involves reserving a unique name for the company. As per Rule 8 of the Company Incorporation Rules, the selected business name should not be identical to or sound similar to an existing business name. It is important to do a thorough name check before choosing a name for your business.

Filling SPICe Form (INC-32)
Once the name approval is granted, the next step involves filling the SPICe+ form on the official Ministry of Corporate Affairs portal. The details should be filled in as per the format given, including:
  • Company details
  • Member and subscriber details
  • Apply for a Director Identification Number (DIN)
  • Apply for PAN and TAN
  • Declaration by directors and subscribers
Filing MoA and AoA

SPICe e-MoA (INC-33) and e-AoA (INC-34) forms are to be drafted for the online company registration process. The Memorandum of Association (MoA), defined under section 2(56), outlines the company’s goals and objectives. The Articles of Association (AoA), defined under section 2(5) of the Companies Act, 2013, outline the organization’s management structure and internal working framework.

Certificate of Incorporation

Once MCA grants approval for company registration, the department issues the incorporation certificate, along with the Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN).

Features of a Private Limited Company Registration

A private limited company is one of the most popular forms of business structures in India for its distinct characteristic features, including:

  • Offers limited liability protection to its shareholders.
  • As a separate legal entity, business operations are conducted independently.
  • Needs only two shareholders at the time of company incorporation.
  • Needs only two directors at the time of company registration.
  • No minimum capital is required at the time of registration.
  • Allows share transfer with the approval from the Board of Directors or as per its Articles of Association.
  • It is a perpetually existing organization.
  • Offers a flexible business structure.
  • Eligible for various tax benefits and incentives.
  • Allows professional management to handle business operations.
Post-Registration Compliance for Company Registration

Post-registration compliance for a private limited company includes various the adherence of legal and regulatory requirements including:

Annual General Meeting (AGM)

It is essential for a newly registered company to conduct its first AGM within six months to discuss company performance, approve financial statements and manage shareholder queries.

Financial Statements

It is important to prepare and file audited financial statements, including profit and loss account, and balance sheet with the Registrar of Companies (ROC).

Annual Return Filing

The ROC requires the filing of an annual return (Form MGT-7) outlining shareholder and director details and the company’s financial status.

Income Tax Filing

The company must file income tax returns with the Income Tax department and pay its due taxes.

Compliance with Regulatory Changes

The company must stay updated about any changes in corporate laws to ensure it complies with all regulations and standards.

Maintaining Statutory Registers

It must update statutory registers such as the register of members, directors and charges.

Other Periodic Filings

Ensuring timely filing of documents with the Registrar of Companies, such as changes in directors or capital structure, using forms like DIR-12 and SH-7.

Role of Directors and Shareholders in a Private Limited Company

Directors and shareholders play a major role in the governance and decision-making processes of a private limited company. The directors are chosen by the shareholders and are responsible for managing day-to-day operations, creating strategic plans, and ensuring legal compliance.

Shareholders
  • Ownership vs Management : They own the company through their investment in the shares
  • Decision Making :They vote on major decisions like mergers & acquisitions.
  • Liability : Liable only for the investment in shares
  • Involvement : Limited involvement in daily operations
  • Appointment : They appoint the directors
Directors
  • Ownership vs Management : They are responsible for managing daily operations
  • Decision Making : They handle daily business decisions and strategy
  • Liability : Liable for mismanagement or legal breaches
  • Involvement : Actively involved in managing the company
  • Appointment : Appointed to manage and represent company’s interests
Types of Company Registration
TitlePrivate Limited CompanyOne Person CompanyLimited Liability PartnershipSection 8 CompanyPartnership FirmProprietorship Firm
RegulationCompanies Act, 2013Companies Act, 2013Limited Liability Partnership Act, 2008Companies Act, 2013Partnership Act, 1932No Specific Act
RegistrationMandatoryMandatoryMandatoryMandatoryOptionalNo
Number of Owners2 to 200Only 12 to Unlimited2 to Unlimited2 to 50Only 1
Separate Legal EntityYesYesYesYesNoNo
Protection from LiabilityLimitedLimitedLimitedLimitedUnlimitedUnlimited
Regulatory AuditMandatoryMandatoryAs applicableMandatoryNot mandatoryNot mandatory
Transfer of OwnershipYesYes (Restricted)YesNoYes (Restricted)No
Permanent ExistenceYesYesYesYesNoNo
Foreign OwnershipPermittedNot permittedPermittedPermittedPermittedNot permitted
Tax LiabilityHighHighModerateHighLowLow
How to Secure Your Company Name?

A private limited company must follow the below-mentioned steps to secure its unique business name effectively:

  • Conducting name searches on the official website of the Ministry of Corporate Affairs.
  • Checking whether the selected name holds any trademark.
  • Reserve the company name through the RUN (Reserve Unique Name) form.
  • Follow the procedure for incorporation of a company by submitting documents to the MCA.
  • Apply for trademark registration once the company is officially incorporated.
  • Register a relevant domain name to establish a digital presence for your business.
Reasons to Trust Canjain for Private Limited Company Formation
Expert Business Consultation

We offer expert consultation in helping you with business registration in India for your private limited company.

Checking Name Availability

Canjain helps you check the availability of your proposed company name to ensure it complies with the regulations.

DSC & DIN

Our company registration consultants manage DSCs & DINs for your directors & shareholders, which is essential for online company registration.

Time Saviour

Our team offers end-to-end business registration services, helping you complete the business registration process on time.

Documentation

We draft all your company registration documents to ensure the correct versions are submitted, reducing the risk of errors & rejections.

Startup Registration Services

We offer cost-effective startup registration services and new company registration services at no added costs.

Customized Solutions

We deliver customized business solutions based on your business needs & help you register a company online.

PAN, TAN & GST

Our team manages the PAN, TAN & GST registration on your behalf for your business, required for smooth business operations.

Post-Incorporation Support

We offer post-incorporation support with compliances, helping you file annual returns & meet other regulations.

Peace of Mind

Canjain expert consultants will handle the legalities of your company registration process, allowing you to enjoy peace of mind.

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