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What is Private Ltd Company Registration ?

Private Limited Company registration procedure, the most popular legal structure for businesses, is an easy to form entity in India. In simplified terms, its a proper company registration in India with the ministry of corporate affairs and gives you rights doing business anywhere in India or outside. MCA 21 register your pvt ltd company and provide to you CIN Number with Certificate of Incorporation. At the end of the process, you have to simply open a current bank account on the basis of Certificate and Start your Company Operations. The directors of a private ltd company have limited liability to creditors thus in a case of default, banks/creditors can only sell company’s assets but not personal assets of directors. Private Limited should be your first priority if you want to start a company in India. It is very important to register your company as a registered company have multiple advantages from easy to register to easy to dissolve. All you need to do is register the directors with Ministry of Corporate Affairs (MCA 21) then check company name availiability and register the name of the company and submit the company incorporation documents to registrar of companies. A private limited company has a minimum of two members and a maximum of 200 members. The entire firm registration process takes 10 to 15 days, depending on whether you have the documents in order.

For the startup india registration process you must first incorporate your business as a Private Limited Company or a Partnership firm or a Limited Liability Partnership. You have to follow all the normal procedures for registration of any business like obtaining the certificate of Incorporation/Partnership registration, PAN, and other required compliances.

The private ltd company registration process is completely online thus to get your entity registered you don’t even need to leave your home. At HerambIndia (company registration agent), we are continuously available to help you understand how to register a private companies in india. Company Registration in India can be done through HerambIndia (company registration services provider) in all major cities, including Mumbai, and New Delhi, Chennai, Kolkata, Hyderabad, Bangalore & all other Indian cities. Check company registration number


Online Pvt Ltd Company Registration Possible ?

Yes, Online Private Ltd Company Registration is possible with HerambIndia. No requirement of any physical presence. You can register a pvt ltd company in India from anywhere at your fingertips.

Below are the reason to choose the HerambIndia for private ltd company registration -



Pvt Ltd Company registration name availability

In the private limited company, you have to choose a unique name. Because once a name has been registered with the MCA 21 then no one other company take over the same name. It's just like Brand Registration. So you have to provide 2 name during the name approval process during the Private Limited Company Registration Process. once you provide the company name, then MCA 21 check the same and approved as per the name availability rules and regulations.

Private Ltd Company name availability and Trademark Public Serach

The MCA 21 approval of a company name does not grant trademark rights or authorize a company to use a particular business name in commercial activities. A company may have incorporated under a name but find itself liable for trademark infringement or dilution — with potential risks of an injunction, disgorgement of profits, payment of damages, and more — for use of the name.

Trademark infringement occurs when a person or company uses a name or mark in a way that causes a likelihood of confusion with another person or company with respect to source, sponsorship, or affiliation of products, services, or commercial activities. It therefore is important to assess the potential trademark law risks of a name before adopting it as a company name. The applicant must do TMR Public search.

Procedure For Company Registration

1
COLLECT INFORMATION

You are required to give some information for Company Registration and email documents.


NAME APPLICATION & APPROVAL

We draft your application for Name of Private Limited Company and file it with the MCA 21 office on your behalf.

2

3
APPLICATION SUBMIT & FEES PAYMENT

We will create all the required documents and file them with ROC on your behalf.


NAME APPLICATION & APPROVAL

We draft your application for Name of Private Limited Company and file it with the MCA 21 check office on your behalf.

4

Documents Required For Private ltd Company Registration

Advantages of Private Limited Company

There are multiple reasons to choose private limited company

What You Need To Know

SEPARATE LEGAL ENTITY

Private Limited Company is a legal entity and a juristic person established under the Companies Act. Hence, a company has a range of legal capacities including opening of a bank account, hiring of employees, taking on equity or obtaining licenses and more as an independent corporate entity. The members (Shareholders/Directors) of a company have no personal liability to the creditors of a company for company’s debts.

BORROWING CAPACITY

Private Limited Companies can raise equity funds in India. Companies can also issue equity shares, preference shares, debentures and accept deposits with RBI permission. Banks and Financial Institutions prefer to provide funding to a company rather than partnership firms or proprietary concerns.

LIMITED LIABILITY COMPANY

Businesses often need to borrow money. In structures such as General Partnership, partners are personally liable for all the debt raised. So if it cannot be repaid by the business, the partners would have to sell their personal possessions to do so. In a private limited company, only the amount invested in starting the business would be lost; the directors’ personal property would be safe.

PERPETUAL SUCCESSION

Private Limited Company has ‘perpetual succession’, meaning uninterrupted existence until it is legally dissolved. A company being a separate legal person, is unaffected by the death or other departure of any member and continues to be in existence irrespective of the changes in ownership.

OWNING PROPERTY

Pvt Ltd Company being an artificial person, can acquire, own, enjoy and alienate, property in its name. The property owned by a company could be machinery, building, intangible assets, land, residential property, factory, etc., No shareholder can make a claim upon the property of the company – as long as the company is a going concern.

How to Register a Pvt Ltd Company in India


Step 1. Application for DSC (Digital Signature Certificate).

Digital Signature is the first step to form a private limited company. All the eforms are online so its required the digital signature instead of the physical signature. In the MOA & AOA of the company all the directors or subscriber required the digital signature.

Digital signature prepared by the govt authorized authority only such as Emdura or Sify etc. These certifying agencies provide the digital signature in under class 2 and class 3. mainly its required the class 2 DSC Only. if we talk about the DSC Cost then its cost around 1000/- INR per DSC.

Step 2. Apply for the DIN (Director Identification Number)

DIN is mandatory to become the director of any company. Only one din is allowed for one person. So after the obtaining DSC you have to required to apply for the DIN. There are 2 ways to apply for the DIN -

  • DIR - 3 : If you are existing private limited company in India and now want to establish another company then you can file the DIR-3. you have to submit the all directors identity and address proof like pan card with aadhar card etc. but remember from the January 2018 its has been outdated.

  • SPICe (INC-32 Form) : This is new option after the jan 2018 for the new companies. You have to require the fillup new SPICe INC 32 Form with the director details & documents. but wait ! you can incorporate with only 3 directors for the same, if any case you have more directors then you can appoint them after the incorporation of the pvt ltd company.

  • Step 3. Application for the Name availability.

    This is one of the most important steps during the private limited company incorporation. you have to choose a unique identity name for your company. there are 2 ways to register or book your name for the private limited company.

  • Let suppose before apply for the DSC or DIN if you want to book your private limited company name with the MCA 21 company name then you can use the newly RUN ( Reserve Unique Form) for the same. but remember its gives you only 1 chance to submit your company name, if any case due to trademark violation or existing company names violation your application will be rejected then you have to again apply for the same. so you have to follow the company registration name guidelines. but Don't worry there is relaxation from 23rd March 2018, Now you can submit the 2 proposed name with the 1 resubmission through RUN Form.

  • This is one of the fasted ways to get register your private limited company with the government. In this way, you have to submit the SPICe INC 32 Form with the proposed name if your name is approved then your whole company has been registered for the same. but remember if any case your name is rejected then there is only 1 more chance to resubmit the application without any extra govt charges. but if you still fail in the 2nd option then you have to again start the process from scratch and pay the government fee for the SPICe inc32.

  • Step 4 : Filing of the EMoa and EAOA for the register private limited company :

    Previously before introducing the SPICe's form you have to require the file MOA & AOA of the Company physically paper to the MCA 21 but after the introduce new SPICe's form you have to just attach Electronic MOA & AOA of the Company.

    Note - SPICe's INC-32 Forms and all other above process required the digital signature certification from the Practising Chartered Accountant or Company Secterary or Lawyer. So you can do it yourself without helping of the professional. Take Herambindia service and Relex !


    Step 5 : Apply for the PAN & TAN of the Company

    Previously before introducing the new forms, during the private ltd company registration required to separately apply for the PAN & TAN for the same. but now you can apply through SPICe's form together.


    Step 6 : Issued Certificate of Incorporation by RoC with PAN & TAN

    If everything is perfect and approved by MCA 21 Registrar of Companies then they will be issued Certificate of Incorporation with PAN & TAN for the same.


    Step 7 : Opening a Current Bank Account on Company Name -

    So this is the last step for your private limited company. after the getting certificate of incorporation, you have to simply open a current bank account as per your choice on the basis of the documents which is provided by us (HerambIndia executive).

    FAQs on Private Ltd Company Registration

    Who can be a director in a company?
    Any person over the age of 18 years can become a director in a company. Also, there are no conditions on residency or citizenship hence, NRIs and Foreign Nationals can easily start and manage a private limited company in India.
    No, new company registration is a fully online process. As all documents are filed electronically, you would not need to be physically present at all. You would need to send us scanned copies of all the required documents & forms.
    Limited liability is the status of being legally responsible only to a limited amount for debts of a company. Unlike proprietorship’s and partnerships, in a private limited company the liability of the shareholders in respect of the company’s liabilities is limited. In other words, the liability of the shareholders of a company is limited only to the value of shares taken up by them.
    Minimum of two people are required to act as directors and shareholders for registration of private limited company. The directors must be natural persons, while the shareholders can be natural persons or corporate entities. In addition, a registered office address in India is also required for company registration.
    HerambIndia.com can integrate a Private Limited Company in 10-15 days. The time taken also depends on the relevant documents provided by the applicant and the speed of approvals from the government. To ensure a speedy registration, kindly pick a unique name as the proposed Company name and also ensure that you have all the required documents prior to the starting of the registration process.
    Company incorporation certificate is provided as a pdf document by the Ministry of Corporate Affairs (MCA). MCA does not provide hard or printed copy of incorporation certificate.
    You need to provide 2 different options for your company name to MCA of which one will be selected. Names provided should ideally be unique and suggestive of company business.
    Obtain Digital Signature Certificate, Reserve a copmany name, Obtain Director Identification Number (DIN), Stamp the company documents, Get certificate of incorporation, Make a seal, Obtain Permanent Account number(PAN). For easy and simple company registration procudure fill the above form our executive will contact you.
    The Registrar of Companies (RoC) across India expect applicant to follow a few naming guidelines. Some of them are subjective, which means that approval can depend on the opinion of the officer handling your application. However, the more closely you follow the rules listed below, the better your chances of approval. First, however, do ensure that your name is available.
    All directors must provide identity and address proof, as well as a copy of the PAN Card (for Indian Nationals) and Passport (for foreign nationals). No-objection Certificate must be submitted by the owner of the registered office premises.
    Yes, so long as the annual compliances are met, the private limited company will continue to exist. If you do not comply with the requirements, it will go dormant, until it is struck off the register altogether.
    Yes, a private limited company must hire an auditor, no matter what its revenues. In fact, an auditor must be appointed within 30 days of incorporation. Compliance is important with a private limited company, given that penalties for non-compliance can run into lakhs or rupees and even lead to the blacklisting of directors.
    These documents contain the rules, vision and mission of your organisation, and define, among other things, the exact business and the roles and responsibilities of shareholders and directors.
    Yes, a minimum of two directors are needed for a private limited company. The maximum members can be 200. You can register as a One Person Company, if you are the sole owner of the company.
    Basically, with the private limited company registration, you company name has been secured. but if we talk about the logo registration then there is separate trademark registration. you can checkout here more details about company name registration.

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