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If you are thinking of starting a new Private Limited Company in India, the first step is to talk to our Incorporation Expert. We explain key concepts such as Digital Signature (DSC), DIN, MOA, and AOA, as well as the process for Company Registration, timeline, and list of documents. Get started today!

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Why Register as a Private Limited (Pvt Ltd) Company

Pvt Ltd is the most popular business type for startups, offering limited liability, restricted share transfer, and perpetual succession. At Setindiabiz, we are your trusted partner, providing a cost-effective approach that covers all legal procedures and document drafting to incorporate your company. No need to navigate complex paperwork or worry about legal intricacies – we’ll guide you through the entire process of Pvt Company registration. We will ensure that the process of incorporating the company is smooth, digital and hassle-free. Choose Setindiabiz and focus on what matters the most: building your dream business in India. Get started today.

Benefits of Private Limited

  • Startups Seeking Investors
  • With Multiple Co-Founders
  • Lowest Tax Rates
  • Ability to offer ESOP
  • Easy Ownership Transfer

Eligibility / Checklist for Company Incorporation

Incorporating a Private Limited company is the wisest decision a start-up can take as it offers flexibility, scale and transparency. The features such as limited liability to its promoters, perpetual succession, and restricted share transfer make the pvt ltd the most suitable business type. The first step is to check the eligibility (Minimum requirements to incorporate a pvt ltd company)

  • Minimum Two Shareholder

    To start a company, a minimum of two shareholders is mandatory. These shareholders must sign the MOA as subscribers and contribute the initial capital. The maximum number of shareholders is capped at two hundred.

  • Minimum Two Director

    The directors are responsible for the company's day-to-day management and compliance with the applicable legislation. A minimum of two individual directors is mandatory, whereas the maximum is capped at fifteen.

  • One India Resident Director

    One of the company's directors must have resided in India for at least 120 days during the previous financial years. The Indian resident director is generally responsible for the company's overall tax and other filing compliance.

  • Unique Name of Company

    The name of the company must be unique and distinct from other companies, LLPs or trademarks and should conform with the name availability guidelines. We will help you with the name search and its approval.

  • Capital for the New Company

    Though no prescribed minimum or maximum capital is required, the promoters must budget the fund's requirements to start the business and decide the appropriate capital for the company accordingly.

  • Legal Object or Activity

    The company's main object, which shall be defined in the MOA, should be legal and from one specific sector only. We will help you draft the company's main object and select the correct activity code as per NIC 2008.

Timeline for Private Limited Company Registration

The timeline for company incorporation depends on various factors, such as documentation, availability of the company name, and the number of promoters. We help with quick and efficient company incorporation in India.

1 - 2 Days

Documentation & Digital Signature

Within one to two days, the promoters may complete the required documents for incorporation. After that, we can initiate the making of digital signatures for all the shareholders and the directors.

1 - 3 Days

Name Search & Main Objects Drafting

We conduct the name availability search within a few hours; however, as per our experience, the discussion with the promoters on the proposed name availability and the drafting of the MOA may take time.

3 - 4 Days

Filing for Incorporation

The application for the incorporation of the company is filed in Spice Plus form, where the MOA, AOA, Identity and address proof of promoters, and proof of registered office are filed as attachments. This process can take one to two days.

4 - 7 Days

Incorporation Certificate

After the Spice Plus form is submitted, the Registrar of Companies office checks the application and the attached documents. If everything is found in order, the Incorporation Certificate is issued.

List of Documents For Company Registration

As experienced consultants for company registration, we at Setindiabiz understand the importance of documentation in ensuring a smooth and successful registration process for a Private Limited Company. The list of documents below is for the Company Incorporation by all Resident Indians.

  1. Permanent Account Number (PAN Card): The Income Tax Department in India issues a Permanent Account Number (PAN), which is printed on the PAN Card. All proposed directors and shareholders must submit copies of their PAN cards during the incorporation process, which is a mandatory document.

  2. Aadhar Card Issued by UIDAI: The Aadhar Card issued by the Unique Identification Authority of India (UIDAI) is mandatory for all Resident Indians. Ensure that your aadhar is linked to the PAN Card and mobile number for OTP-based verification during incorporation, especially when creating a digital signature for you.

  3. Front Facing Colour Photo: Submit a digital copy of the photo of each proposed director and shareholder with a full-face frontal view and a plain white or light-coloured background. Ensure that the photograph is recent and closely matches with other documents.

  4. Government Issued Identity Proof: For Identity proof, the promoters of Pvt Ltd Company may submit any government-issued identity document that is valid and has correct particulars. You should carefully check your name and father's names and ensure they match the details on the PAN Card exactly. For ID proof, any one document from the following.

    • Passport
    • Aadhar Card
    • Driver License
    • Voter ID
  5. Current Residential Address Proof: Every company promoter (Director as well as shareholder) must submit documentary evidence of their residential address. Any document that is not older than two months from the following can be submitted as the Residential Address proof.

    • Bank Statement
    • Electricity Bill
    • GAS Bill
    • Telephone Bill
    • Mobile Bill
  6. Proof of Registered Office Address: At the time of incorporation, proof of registered office address is submitted, and the address should not be older than two months. Ensure that the utility bill has the full name of the owner of the premises and complete address with city, state and pin coder. Any one document from below is acceptable:

    • Electricity Bill
    • Telephone Bill
    • GAS Bill
    • Mobile Bill
  7. NOC from the Owner of the Registered Office: The owner of the premises where the private limited company shall have its registered office need to issue a No Objection Certificate (NOC) for incorporation of the company at that address. Contact us for the format.

Incorporation on Communication Address

In India, entrepreneurs starting a new business can begin their company registration process with a “communication address” as a temporary address. However, within 30 days of incorporation, they need to establish a physical “registered office” in the same state and file Form INC-22 with the ROC.

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Stepwise Process of Company Registration

Get a Digital Signature, Choose a unique name, draft the MoA and AoA, and submit the SPICe+ form to ROC. We offer end-to-end Company Registration Services.

Step-1 : Digital Signature of all Promoters

Making a digital signature (DSC) for all the directors and shareholders is the first step towards Pvt Limited Company Registration. We are the Registration Authority (RA) of Certifying Authorities such as Emudhra, SignX, and others appointed by the Controller of Certifying Authorities of the Government of India. We help DSC applicants collect documents and submit DSC applications to obtain DSC.

Step-2 : Name Search for Availability

The Companies Act 2013 states that the name of a new company must not be the same or similar to an existing company, LLP, or trademark. The rules provide an exhaustive list of names that are undesirable. We help you conduct a detailed Name search.

Step-3 : Drafting of MOA & AOA.

The Memorandum (MOA) and Articles of Association (AOA) are the fundamental legal documents for a company in India. While the MOA primarily defines the object for which the company is incorporated, the AOA provides the rules for the conduct of the business. As these are legal documents, we assist you in drafting them.

Step-4 : Filing of Spice Plus for Incorporation

Finally, Submit the Spice Plus Form to ROC with directors/shareholders' DSC, along with the promoter's documents and proof of registered address for incorporation. The office of the ROC reviews the application and, upon its satisfaction, issues the Certificate of Incorporation.

Step-5 : Company Incorporation Certificate

The certificate of incorporation is conclusive proof that a new company has been established. The COI contains the CIN, PAN and TAN of the company. The DIN Number of the directors are also allotted during the incorporation process.

Post Incorporation Compliance

Incorporation of a company is about the creation of a legal entity that has a separate and distinct existence from its promoters. As a creation of law under the Companies Act 2013, a company has to meet well-defined compliance requirements, which may be classified into three. The first would be activities that the company must do within 30 days. The second set of activities must be done within 180 days, while specific registrations, such as GST and MSME, are need-based. We have identified the fifteen most common compliances that need your attention. Our company registration experts will help you understand them.

Within 30 Days of IncorporationWithin 180 DaysNeed-Based Registrations
  • Do First Board Meeting
  • Disclosing Director’s Interests
  • Appoint First Auditor
  • File INC-22 (if applicable)
  • Shops & Establishment Registration
  • Professional Tax Enrollment
  • Issue Share Certificates (60 Days)
  • Share Certificate Franking
  • Open Bank Account
  • Collect Entire Capital
  • File INC 20A

Note: Refer to the following article, where we have listed the 15 most important post-incorporation compliances for a private limited company: https://www.setindiabiz.com/learning/post-incorporation-compliance-private-limited-company

Annual Compliance for Private Limited Company

Annual compliance for a company in India consists of mandatory reporting activities undertaken after the close of the financial year. The primary responsibility of meeting the compulsory yearly reporting to the Registrar of Companies (ROC) and filing of company ITR is on the director of the company. Any non-compliance would attract severe consequences in the form of a late filing fee and penalty, and, in some cases, ROC may initiate prosecution proceedings. The compliance team of setindiabiz helps you with the annual filing for your company. Here is the list of activities that you should complete for

Annual Compliance Activities

  • Completion of Accounting & Book Keeping
  • Preparation of financial statement as per Schedule III
  • Get the financial statement Audited by the CA
  • Prepare Directors Report
  • Conduct Annual General Meeting (AGM)
  • File Company Income Tax Return (ITR)
  • File ADT-1 form to ROC in case the auditor change
  • File AOC-4 Form to ROC to report the financial statement
  • File MGT-7 Form to ROC (Annual Return of Company)
Annual Compliance Activities

Tax Benefits of a Private Limited Company in India

The income tax is levied on the net profit of the company and is low compared to that of an LLP. For manufacturing companies, the Income Tax is at 15%, whereas for other newly incorporated entities, the tax rate is 22%. The table below indicates the tax benefits of a private limited company in comparison with an LLP.

NoParticularsCompanyLLP
1U/s 115BAB: New Manufacturing Domestic Company, starting manufacturing before 31.03.202415%NA
2U/s 115BAA: Concessional Income Tax for a Company that Opts for this scheme; Cannot claim certain deductions and exemptions (specified in the Act)22%NA
3U/s 115BAC: Opting domestic company25%NA
4Standard Income Tax30%30%
5Surcharge on Tax based on Income Level
  • Upto one crore: NIL
  • between 1 to 10 Crore: 7%
  • above 10 Crore: 12%
YesYes
6Education Cess 4% on Income Tax & Surcharge (if any)YesYes
7Tax Deductions for ExpensesYesYes
8Depreciation on AssetsYesYes
9Dividend or Profit Distribution TaxNoNo
10Tax on dividend or profitYes,Yes
11Carry Forward of LossesYesYes
12Minimum Alternate Tax (MAT)YesNo
13Income Tax Return FilingMandatory,Mandatory

Setindiabiz As Your Tax Compliance Partner

Note: We have qualified professionals as our employees or on our panel who help you with all your regulatory and tax compliance filings. We assign one dedicated relationship manager to our customers as one point of contact to reduce delay and increase efficiency in everything we do for you. Hire setindiabiz to incorporate your company, take care of accounting and tax filing, and provide effective and comprehensive IPR services.

Frequently Asked Questions

Q1.What are the types of Business Structures in India ?
Q2.What is the Company Registration Process in India ?
Q3.What is the Cost of Company Registration ?
Q4.What are the Documents Required for Company Registration in India ?
Q5.Is GST registration mandatory for company registration ?
Q6.What happens if my company name is already taken ?
Q7.Is the physical presence of a person necessary for company registration ?
Q8.Is it necessary to have a company’s books audited ?
Q9.Can the director of a private limited company be a salaried person ?
Q10.What is a Digital Signature Certificate (DSC) ?
Q11.How long is the time taken for company registration in India ?
Q12.What are the requirements for pvt ltd company registration online in India ?
Q13.What is the process of company name registration ?
Q14.What Happens After the Incorporation of the Company ?
Q15.How do you check the company registration status online ?
Q16.What are the compliances of a Private Limited Company ?
Q17.Which Form is to be filed for the ITR filing of a Private Limited Company ?