Piyush P Jain & Associates

Private Limited Companies

What is a Private Limited Company?

Private Limited Company is a most famous choice to begin a business in India by new companies and organisations with higher development desires. Private Limited Company is joined under the Companies Act, 2013 and administered by the Ministry of Corporate Affairs in India. An enrolled corporate design gives business a different lawful character from its proprietors. It very well may be enrolled with least of two chiefs and endorsers/investors. An individual can be both a chief and financial backer in a Private Limited Company. A private restricted organisation is an organisation secretly held for independent ventures. The obligation of the investors/individuals from a Private Limited Company is restricted to the degree of neglected measures of offers held by them.

Privileges to Private Companies

1. Provisions regarding rotation of directors not apply on Private Companies;

2. Private Companies are not expected to frame Audit Committee, Remuneration and Nomination Committee;

3. Maximum Ceiling of administrative compensation don’t have any significant bearing on privately owned businesses;

4. Private Companies are not required to appoint Secretarial Auditor;

5. Private Companies are not required to get their Shares/Securities dematerialized.

Limitations of Private Companies

1) Securities of Private Companies are not uninhibitedly adaptable;

2) Securities of a privately owned business are not recorded on stock trade; hence, an investor/security holder can’t have the foggiest idea about the genuine worth of his interest in a privately owned business;

3) In a Private Limited Company, the quantity of investors regardless can’t surpass 200;

4) Private Companies cannot issue prospectus to public.

Process for Incorporation of Private Limited Company

Step 1: Obtain DSC for Directors and Subscriber

Step 2: Obtain DIN for Directors

Step 3: Name approval Application

Step 4: Proceed for Company Incorporation within the allotted time period

Step 5: Filing of KYC, MOA, AOA, and other relevant documents with ROC

Step 6: Approval of the Compliances related to Incorporation by MCA Portal

Step 7: Submission of Application by payment of Stamp-Duty

Step 8: After Submission proceed with form filing of PAN and TAN Online for Company

Step 9: Generation of Incorporation Certificate by MCA

Documents Required For Indian Nationals

Following are the mandatory documents to be presented by the organization’s Directors and shareholders (Indian nationals)

Scanned copies of:

1. PAN. 2. Govt ID verification – Voters’ ID or passport or driver’s permit. 3. Bank statement latest 6 months with Address. 4. Service charges either portable or gas or power. 5. Passport size photograph. 6. Specimen signature

Significant things to remember:

1. Name on the PAN 2. Rent Agreement (If Premises is on rent) 3. Latest utility bills 4. NoC by the Owner of Premises where Registered Office is Situated

Documents Required For NRI's

Following are the mandatory documents to be presented by the organization’s Directors and shareholders (NRIs). Scanned copies of:

1. PAN 2. ID verification like Voter ID/passport or driver’s permit. 3. Most recent bank statement 4. Latest utility bills like telephone, mobile or electricity 5. Passport size photograph 6. Specimen signature (clear record with the mark [directors only])

Significant things to remember:

1. Name on the PAN 2. Rent Agreement (If Premises is on rent) 3. Latest utility bills 4. NoC by the Owner of Premises where Registered Office is situated