What is a Private Limited Company in India?
A private limited company in India is a business entity with limited liability, making it a popular choice for entrepreneurs. Here are its key features:
- Limited Liability Protection: Shareholders' liability is limited to their shareholding, safeguarding personal assets.
- Separate Legal Entity: The company has its own identity, owning property and engaging in legal actions.
- Minimum Shareholders and Directors: Requires a minimum of two members and two directors, with one being an Indian citizen.
- Minimum Share Capital: Must maintain a minimum paid-up capital of Rs. 1 lakh.
- Name Requirement: The company name must end with "Private Limited."
- Share Transfer Restrictions: Transfer of shares requires Board approval.
- Prohibition on Public Invitation: Cannot invite the public to subscribe to shares or debentures.
- Compliance Requirements: Must adhere to legal obligations, including financial records and annual filings.
Types of Private Limited Companies:
- Company Limited by Shares: Shareholders' liability is limited to the share amount.
- Company Limited by Guarantee: Member liability is limited to the guarantee amount.
- Unlimited Companies: Members have unlimited liability.
Advantages of a Private Limited Company:
- Limited Liability: Shareholders' responsibility is limited.
- Distinct Legal Identity: Independent legal identity.
- Continuous Existence: Persists despite changes in shareholders or directors.
- Ease of Funding: Easier to raise capital by issuing shares.
- Tax Benefits: Qualifies for tax benefits.
- Credibility and Trust: "Pvt. Ltd." instills a sense of confidence and reliability.
Disadvantages of a Private Limited Company:
- Compliance Burden: Faces regulatory demands due to higher compliance.
- Complex Setup: Higher process and cost.
- Share Limits: Restricted share transfers; max 200 shareholders.
- Public Disclosure: Financial info is publicly viewable.
- Exit Complexity: Selling is more complicated.
- Slower Decisions: Involvement may slow choices.
Requirements for Registering a Company in India:
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Directors and Members:
- Minimum two directors and 200 members.
- Directors need Director Identification Number (DIN).
- At least one director must be an Indian resident.
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Company Name:
- Reflect principal business activity.
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Address of Registered Office:
- Permanent address for business operations.
Company Registration Process:
- Acquire Digital Signature Certificate (DSC): Obtain for directors and shareholders.
- Director Identification Number (DIN): : Directors must obtain DIN.
- Name Reservation (SPICe+ Part A): Propose names for approval.
- Submission of Company Details (SPICe+ Part B): Provide information and attachments.
- Incorporation Forms (SPICe+ MOA and AOA): Draft MOA and AOA and submit.
Certificate of Incorporation: Issued upon document verification.
Document Checklist:
- For Indian Nationals: PAN card, Aadhaar Card, proof of identity, and address proof.
- For Foreign Nationals: Notarized documents, passport, and address proof.
- Registered Office Documents: Proof of business address and owner's no objection certificate.
Post-Registration Compliance:
- Adhere to post-registration compliances.
Register Your Company through Vyapar Samadhan:
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