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December 4, 2024December 4, 2024

Company Registration Online – How to Register a Private Limited Company in India

Private limited company registration in India , Pvt Ltd Company Registration in India, Company Registration in India , how to register a company in India, register a company in India, how to register a startup company in India , Company registration online in India, company registration online in India

In today’s fast-paced business world, registering a company is the first step toward establishing a legitimate business entity. With the rise of online services, the process of company registration has become more accessible and streamlined. This blog will take you through the essential steps involved in registering a Private Limited Company in India, covering everything from the required documentation to the benefits of company registration online in India.

What is a Private Limited Company?

A Private Limited Company (Pvt Ltd) is a business structure that is privately owned and offers limited liability to its shareholders. The main advantages of forming a Private Limited Company include limited liability, easy transfer of shares, and the ability to raise capital. This business model is particularly attractive to small and medium-sized businesses and startups, providing them with an ideal legal structure to scale up.

Why Should You Register a Private Limited Company in India?

Before diving into the steps, let’s explore why you should consider Pvt Ltd company registration in India:

Limited Liability: Shareholders are only liable for the company’s debts up to the value of their shares. This means personal assets are protected from business liabilities.
Separate Legal Entity: A Pvt Ltd company is considered a separate legal entity, meaning it can own property, sue, and be sued in its own name.
Better Access to Funding: Registering a company can enhance credibility with investors and banks, making it easier to raise capital through equity or loans.
Tax Benefits: Private Limited Companies enjoy various tax exemptions and benefits, including lower tax rates on corporate income.
Continuity: A Pvt Ltd company continues to exist even if the owner or shareholder dies or leaves the business. This makes it an ideal choice for long-term business planning.

How to Register a Company in India – Step-by-Step Process

Now that we understand the advantages, let’s explore the steps involved in how to register a company in India. Registering a company can be done online through the Ministry of Corporate Affairs (MCA) portal, making it a straightforward process.

Step 1: Obtain Digital Signature Certificate (DSC)

The first step in the company registration online in India process is to obtain a Digital Signature Certificate (DSC). The DSC is required for signing documents online during the registration process. It is a crucial part of the process and ensures that the documents are legally valid.

You can apply for a DSC through government-approved certifying agencies. The DSC is typically required for all directors and shareholders of the company.

Step 2: Obtain Director Identification Number (DIN)

The next step is to obtain a Director Identification Number (DIN) for the directors of the company. The DIN is a unique identification number assigned to individuals intending to become directors of companies. It is necessary for both the company’s directors and shareholders.

You can apply for the DIN through the MCA portal. This is done by filling out the SPICe+ form (Simplified Proforma for Incorporating Company Electronically), which includes the details of the company’s directors and other mandatory information.

Step 3: Choose a Company Name

One of the most crucial steps in Private Limited Company Registration in India is selecting an appropriate name for the company. The name must adhere to the guidelines set by the MCA, ensuring that it is not identical or similar to an existing company name or trademark.

The name should reflect the nature of your business, be unique, and easy to remember. You can also check the availability of the name through the MCA portal by conducting a name search.

Once you’ve selected a name, you must file an application with the MCA to reserve it. The name approval process can take around 1-3 days, depending on the availability and compliance of the chosen name.

Step 4: Drafting the Memorandum and Articles of Association (MOA and AOA)

The next step in the company registration in India process is drafting the Memorandum of Association (MOA) and Articles of Association (AOA).

Memorandum of Association (MOA): The MOA defines the scope of the company’s activities, its objectives, and the powers of its directors and shareholders.
Articles of Association (AOA): The AOA lays down the rules and regulations for the internal management of the company. It includes procedures for meetings, the powers of directors, and other essential operational details.

Both documents must be signed by the company’s directors and shareholders.

Step 5: Filing the Incorporation Application

Once you have the necessary documents, you can now proceed with filing the incorporation application. The MCA has made the process easier by introducing the SPICe+ (Simplified Proforma for Incorporating Company Electronically) form, which combines multiple procedures into a single form. The SPICe+ form is a one-stop solution for Pvt Ltd Company registration in India.

This form includes:

Details of directors and shareholders
The company’s registered office address
The company’s capital structure

Once the form is filed, the registrar of companies (RoC) will review the application. If everything is in order, the company will be registered, and you will receive the Certificate of Incorporation (COI).

Step 6: Certificate of Incorporation (COI)

After the approval of your application, you will receive the Certificate of Incorporation (COI). This certificate is a legal document that confirms the formation of your company. It contains your company’s name, registration number, and the date of incorporation.

Once you have the COI, your company is officially registered, and you can begin operations.

Documents Required for Private Limited Company Registration in India

The following documents are required for Pvt Ltd Company registration in India:

Identity Proof: Aadhar card, passport, voter ID, or driving license of all directors and shareholders.
Address Proof: Utility bills or bank statements that confirm the residential address of directors and shareholders.
PAN Card: The Permanent Account Number (PAN) of the directors and shareholders.
Photographs: Recent passport-size photographs of the directors.
Registered Office Address Proof: A rent agreement (if rented) or ownership documents (if owned) along with a NOC from the landlord.

Benefits of Registering a Private Limited Company Online in India

The process of company registration online in India offers numerous benefits, making it a popular choice for entrepreneurs. Some of the key advantages include:

Convenience: You can complete the entire registration process from the comfort of your home or office, saving time and effort.
Time-Saving: Online registration is faster than traditional methods. Once you submit the documents and forms, the approval process is quicker, reducing delays.
Cost-Effective: By registering your company online, you can avoid physical visits to government offices and save on travel costs.
Transparency: The online system is transparent and provides updates on the status of your application, making it easy to track the progress.
Expert Guidance: Many platforms offer expert assistance and support during the company registration process online in India, ensuring that everything is done correctly and in compliance with legal requirements.

How to Register a Startup Company in India

India has a growing startup ecosystem, and many entrepreneurs are keen to explore new business opportunities. The process to register a startup company in India is similar to registering a Private Limited Company. However, there are additional benefits and incentives for startups.

The government of India offers various schemes for startups, including tax exemptions and funding opportunities. To register a startup, you need to:

Ensure that your business is an innovative and scalable model.
Register your startup on the Startup India portal.
Apply for recognition from the Department for Promotion of Industry and Internal Trade (DPIIT).

Once your startup is registered, you can avail of government benefits and funding options.

Conclusion

Registering a Private Limited Company in India is a crucial step for anyone looking to start a business in the country. The process of company registration online in India has made it easier than ever to incorporate a company, whether you’re a startup or an established business.

By following the steps outlined in this blog, you can ensure a smooth and successful registration process. Additionally, with the assistance of professionals and online services, the entire process becomes more efficient, transparent, and hassle-free.

If you’re still unsure about how to proceed with Pvt Ltd company registration in India, it’s a good idea to consult with legal or financial experts to guide you through the process. With the right steps in place, your business can grow and thrive in the dynamic Indian market.

June 2, 2019June 2, 2019

Companies 2nd Amendment Rules 2019 for Appointment and Qualification of Directors

INC 22A is an active form introduced by MCA as compliance back in January of this year. Under this compliance, every company which is formed or which is registered on or before 31st December, 2017 has to file the e-form active INC-22A. It tags the companies that are active and currently doing business. At the same time MCA takes their eyes on the working of the companies. Cobimining with this rules for Director Qualification and appointment, MCA has released a new notification for companies 2nd amendment of 2019, it states as follows-

“Where a company governed by Rule 25A of Companies (Incorporation) Rules, 2014, fails to file the e-form ACTIVE within the period specified therein, the Director Identification Number (DIN) allotted to its existing Directors, shall be marked a Director of ACTIVE Non-compliant company.

Let’s talk about Director Disqualification

As per Rules of Companies Act, under certain circumstances, a director of a company can be disqualified by the MCA. when that happens, the Director’s DIN is removed from the registry. As a result, the Director can no longer be associated with the company. Where you can definitely remove the Director disqualification by filing a Petition o the Court, what if the Director of a company is appointed to again goes non-complaint because of Non- filing of INC-22A.

ACTIVE e-form INC 22A

MCA introduced this form back in january. Important and mandatory for companies that were registered before 31st December, 2017, this form’s main reason was to tag companies that are active (Currently doing business), through active tagging and verification it tries to locate shell companies. If the companies does not file INC 22A within the extended period of due date, it is marked in the MCA registry as “ACTIVE non compliant. It means that the company is active but has not filed the ACTIVE e-form.

Director of Non-compliant company

Before the mentioned notification, it was only the company that was marked as non- compliant. However, with the announcement of companies act, 2nd amendment notification, the meaning is this,

“ If the company is marked as Non- compliant in the mCA registry because INC 22a was not filed the DIN of the Director of that company is marked as “ Director of ACTIVE Non- compliant company”.

The notification further states that when the Director’s DIN is marked as Director of ACTIVE Non- compliant company, then they have to take all the necessary steps to file the complaint and to remove this mark. In this case the step would be to file INC 22A.

Further the notification states that once the Director files the Compliance INC-22A their DIN will be marked as Director of ACTIVE Non- compliant company.

March 3, 2019March 3, 2019

What is the commencement of certificate of business?

There used to be a certificate for the commencement of the business. It was put into the full force until the Companies (Amendment) Ordinance, 2018. Under this ordinance until and unless a company has not filed a declaration within 180 days from the Company Registration that company cannot commence their business. This declaration states all the shareholders of the company and have paid the values of shares as what stated in the MOA of the company. So here in this blog we will discuss the format of this declaration, and documents required for this declaration and fees and penalties for complying with the orders.

Format

I am authorised by the Board of directors of the company through resolution Number______ dated_____ to sign this form and thereby declare that all the requirements of the Companies Act, 2013 and the Company Ordinance Amendment, (2018) and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. I further declare that:

Whatever is stated in this form and in the attchments thereto is true, correct and complete and no information material to the subject matter of this form has been supressed or concealed and is as per the original records maintained by the company.
All the requierment attachment have been completely and legibly attached to this form.
Every subscriber to the MOA has paid the values of share agreed to be taken by him.
The company has filed with the Registrar a verification of its registered office as provided in sub section (2) of section 12.

Documents that have to be attached-

COI of the Company
PAN of the company
List of directors and shareholders of the company
Bnak statements of the Directors and shareholders of the company
ID proofs of the same
Receipt proof (if any)

Fee structure of the share certificate

Share capital involved

Fee to be paid

Less than 1 lakh	Rupees 200
1,00,000- 4,99,999	Rupees 300
5,00,000- 24,99,999	Rupees 400
25,00,000- 99,99,999	Rupees 500
1,00,00,000 or more	Rupees 600

What if you don’t comply with the Declaration

Penalty on the company- if the company do not file the declaration then there is a penalty of Rs. 15000/- on the company.

Penalty on directors- the defaulted Directors have to pay the penalty of INR 1000/- per day after the 180 days limit has been passed.

Company removal- if the registrar has the reasonable cause after the 180 days of incorporation then he can also strike off the company from the companies register.

Not filing a declaration according to the new amendment in the year 2018 is a hassle. Therefore to get relief from the hassle you can get in touch with BIATConsultant for further assistance and we can ensure that your company is registered hassle free and also ensures for its commencement declaration.

January 13, 2019

Company Registration is now free of cost

Start ups are the best option for the youngsters to show their talent in the business. India is an exemplary place to start a business with a mob of most business efficient people. India is a country that has become great for investment.

Small business or people with excellent business ideas have many opportunities to incorporate a business with no cost. In this blog we will get to know the process of its incorporation and the step taken by government of India for small enterprise or business to legalise and expand their business.

Free of cost company incorporation

Company registration in India has now become effortless. Here are certain steps which are taken by the Government to make incorporation of companies easy and flexible and they are as follows-

Company can now be registered at zero cost up to an authorized cost of INR 20 Lakhs.
Company name filing will have a procedure.
Digital signature will not be required for company name approval.
Reserve Unique Name (RUN) is a new service that has been launched by the Government.
Director Name Approval (DIN) is not required for company name approval.
Director Identification number (DIN) is required in case of Spice form filing.

Now register all type of companies free of cost

Free incorporation of companies brings transformation that makes things simpler and easy for business in India. All forms of companies i.e. Private Limited company, public Limited Company, One person company etc is free of cost

There are some cost which is required to be paid by people those will register company now. Here are certain points under which some entities will be chargeable with a basic amount and they are follows-

Director Identification Number (DIN) fees of Rs. 500 per Director.
Digital Signature Certificate (DSC) fees of Rs. 600/- per promoter.
State stamp duty which comes around from Rs. 200/- to Rs. 10,000/-.
Professional fees comes around from ( Rs. 5000/- to 14,000/-).
Stamp paper and miscellaneous cost comes around to Rs. 500/- to Rs. 2000/- (depends on the number of members).

Easy steps to claim free of cost company registration

It is very easy to register a company in india if the name chosen by a company is unique and now it is free of cost as well. But you need to follow a basic rule and should hire a professional to guide you in best possible way. Since there is no Direct procedure, therefore it is required for a company or any individual who wants to register its company name should hire a professional as their signatures are required. This process is also less time consuming.

Therefore free of cost company registration is just like a revolutionary step which is taken by Government of India. Business registration is one of the major benefits of country’s wealth. India secures the position in the top 10 economic nation in the world. Things will be built in a better way.

November 28, 2018

What is the role of Company registrar of Companies in the Incorporation process

The Company Registration process in India includes Companies Secretaries, Chartered accountants and some other individuals. In this blog we will discuss the role of Registrar of Companies in incorporation process.

Role of Company Registrar

Registrar of Companies has very important role to play in Incorporation of Companies. All documents are sent to the Registrar of Companies only. He decides everything like whether Company’s name can be incorporated or not. There are three Categories which are divided in to 3 parts and they are as follows:-

Document Accumulation– Once Registrar receives all the documents and application, then he will cataloguing it responsibly for future assessment.

Document Assessment- Once the Registrar receives all the documents then he will check whether all the documents are in order or not. And for Document assessment he will check whether all documents are present or not. And whether the documents are as per the rule of Ministry of Corporate Affair. And he will check that whether the application is filed right or not.

The certification- Once the Registrar checks every document that whether all the documents are present or not and all the documents are on record or not. And after checking all documents he will decide whether to certify the company or not. After certification of the company, documents are given to the Applicant. Only Chartered Accountant and Companies secretaries and some other people are authorised to apply for Incorporation of the Company. Because they are the experts and will advice you on correct things.

In BIATConsultant there are team of experts which can guide you in Company incorporation process.

November 26, 2018

What Is Said To Be Dormant Status Of The Company

Dormant status of the Company

The concept of Dormant Company came into existence in India with Companies Act, 2013. And it basically is formed as a sleeping or inactive company which is made for the future perspective. There is not any specific clause in the companies Act but it is mentioned in section 455 of Companies Act, 2013. And under this section the types of companies which are formed for future references is being discussed.

Inactive company does not carry any business operations or has not made any significant accounting transaction during the last two financial year. Companies must have not filed any financial statements or Annual returns during the last two financial years. Companies who have fails regarding mandatory annual requirements, those companies are also referred as a Dormant Company.

Here are some Rules regarding Dormant Company

MSC-1- Application for seeking- Application for obtaining a status of a Dormant Company can only be obtained through a special resolution Approval and through issuing a notice to all the Shareholders. There should not be any kind of dues i.e. tax dues or any outstanding loans, then only the status of a Dormant Company can be obtained.

MSC 2- Certificate of Registrar- Registrar will issue the Certificate.

MSC 3- Return of Dormant Company- By filing return the financial position of the Company can be seen. And the returns of the Company should be filed by the Chartered Accountants who are in Practice.

MSC 4- Application for Active Status- If a Company wants to get its Active Status then it can simply move an application for the revert of the status along with the requisite fees.

MSC 5- Certificate of Application status- In this certificate of Application status is being issued.

There are some rules which specifies that a Company cannot remain inactive for more than 5 consecutive years i.e. there are some rules given in which it is clearly written that a Company cannot remain inactive for more than 5 Consecutive years.

And is registrar has doubt that being a Dormant Company some transactions have been issued then the registar can take necessary steps or action to revert the status of an inactive company to a Active Company.

Want to register a company in India ? Hire #1 business consultant in India – BIATConsultant .

September 19, 2018September 19, 2018

Step By Step Procedure to incorporate a company in India

If you are thinking to start a new Company but is confused regarding its procedure then in this blog we will be discussing the procedure for its incorporation. Read our detailed guidelines for company registration procedure in India

Steps for Incorporating the Company-

As we have already told you that there are several things which you are required to follow. So here is the list of things or step by step procedure to be followed while incorporating:

Step 1: Choose the name of the business- This step is perhaps the most important step which is need to be done. Firstly name of the company is t be chosen on which your business will rely, so ame of the company should be unique which gives lasting impression to your consumers. Before applying for the name, the Registrar should check its availability that whether that name is available or not otherwise it can get rejected by the Government after applying for ts name.

This step entails the location of your company- Every sort of Company needs to have its physical location associated with it. It is necessary to identify the location on which you need to do your business. And make sure to check the company incorporation cost, the taxation law and other corporate laws in the place you seek to start your company at.

Select the type of incorporation- It is necessary to decide the kind of company which you need to register. There is Private Limited Company, Limited Liability Partnership, Nidhi Company, Section 8 Company and others. So chose the type of business you do and then decide upon the type of entity that you want.

Name of the Directors of the Company- This step is one of the important step. When you are naming the Directors then make sure that they can manage the affairs of the Company. These Directors are going to be responsible or running the business of the Company.

Decide the tps of shares you need- The type of share depends on how you chose to incorporate your company. But make sure that the share you chose should be right one. You will also need to decide that to who you are assigning the share.

Getting Access to the Certificate of Incorporation- In order to fully incorporate your Company you need to take the certificate of incorporation. Once you get certificate, it will entail Company’s Name, purpose, location and information of the company like about its Director and its Shareholders.

The Last Step- The last step involves filing the Articles of Association and and submitting it to Registrar of Company wit the required fees. Thi can be done either offline or online. For Offline process you need to consult either Chartered Accountant or Companies Secretaries. For offline process, you need to take help of Attorney as well.