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Private Limited Company Registration

Register Your Own Private Limited Company in a Simple, Transparent, and Easy Way.

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PrivateLimited Registration

Why Choose Private Limited Company?

Setting up a business in India often involves choosing a private limited company as a preferred option. This structure offers shareholders limited liability protection while placing specific ownership constraints. In contrast, in the case of an LLP, partners oversee the management. Private limited company registration allows for a clear distinction between directors and shareholders.

In India, a private limited company is a privately held entity with limited liability, and it ranks among the nation's most favored business structures. This popularity is primarily attributed to its numerous advantages, including limited liability protection, ease of formation and maintenance, and its status as a distinct legal entity. A private limited company enjoys legal separation from its owners and necessitates a minimum of two members and two directors for its operation. Here are the key characteristics of a private limited company in India:

  • Limited Liability Protection: Shareholders of a private limited company are liable only to the extent of their shareholding. Their assets remain safeguarded, even in cases of financial setbacks incurred by the company.
  • Separate Legal Entity: A private company possesses its own distinct legal identity. It can own property, engage in contracts, and initiate or defend legal actions under its unique name.
  • Minimum Number of Shareholders: A private company must have a minimum of two shareholders and cannot exceed 200 shareholders.
  • Minimum Number of Directors: A private limited company necessitates a minimum of two directors. At least one of these directors must be an Indian citizen.
  • Minimum Share Capital: The company must maintain a minimum paid-up capital of Rs. 1 lakh or a higher amount as specified.
  • Name of the Firm: The private limited company's name must conclude with the words "Private Limited."
  • Restrictions on Share Transfer: The right to transfer shares within a private limited company is restricted. Shares can only be transferred with the approval of the Board of Directors or following the company's Articles of Association.
  • Prohibition on Public Invitation: Private limited companies are prohibited from inviting the public to subscribe to their shares or debentures.
  • Compliance Requirements: Private limited companies are obligated to adhere to various legal and regulatory obligations, including maintaining proper financial records, conducting annual general meetings, and filing annual returns with the ROC.

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Advantage

A Private Limited Company is one of India's most popular business structures. It offers several advantages and some disadvantages, let us explain.

  • Limited Liability: Shareholders' responsibility is restricted to the extent of their capital contribution, safeguarding personal assets from the company's financial obligations and liabilities.
  • Distinct Legal Identity: A Private Limited Company possesses an independent legal identity distinct from its proprietors. It has the capacity to own assets, engage in contractual agreements, and initiate or defend legal actions under its own name.
  • Continuous Existence: The company's existence persists irrespective of shifts in shareholders or directors. Its existence is not contingent upon the lifespan of its associates.
  • Ease of Funding: Raising capital by issuing shares to investors, venture capitalists, or angel investors is easier. This structure attracts external investment.
  • Tax Benefits: Private Limited Companies may qualify for various tax benefits and exemptions, making them tax-efficient entities.
  • Credibility and Trust: Having "Pvt. Ltd." in your company name often instills more confidence and trust in customers, suppliers, and partners.

Disadvantage

  • Compliance Burden: Face regulatory demands, including financial reporting, filings, and audits.
  • Complex Setup: Process and cost for managing are higher than more superficial structures.
  • Share Limits: Restricted share transfers; max 200 shareholders in India.
  • Public Disclosure: Financial info is publicly viewable, impacting privacy.
  • Exit Complexity: Selling or leaving is more complicated than with other structures.
  • Slower Decisions: The involvement of shareholders and directors may slow choices.

Documents Required For Private Limited Company Registration

  • PAN (Permanent Account Number) of all proposed Share Holders
  • Address Proof (Voter Id, Passport, Driving License, Aadhar Card) of all proposed ShareHolders
  • Latest passport size Photographs of all Share Holders.
  • Additional Address proof with Present address Mobile bill OR Telephone bill OR Electricity bill OR Bank Statement
  • Email id and Mobile of all the Shareholders
  • Electricity Bill OR Mobile Bill OR Gas Bill along with NOC and Rent agreement if premises is on rent

FOR REGISTERED ADDRESS

Steps involved

Step One

Every director and shareholder must secure a Digital Signature Certificate (DSC) issued by the Controller of Certification Agencies (CCA). This involves providing essential details such as passport-sized photos, PAN, Aadhaar Card, phone number, and email address. Foreign nationals should also furnish notarized and apostilled documents if applicable.

Step Two

Obtain a Director Identification Number (DIN) if you intend to be a director in the company. DIN is essential for directors and needs to be provided in the registration form.

Step Three

Begin by completing the SPICe+ Part A form to secure a unique company name. This entails selecting the company type, class, category, and sub-category, specifying the primary division of industrial activity and offering a comprehensive business description. You'll need to propose two names for approval.

Step Four

Provide comprehensive information concerning capital, registered office address, subscriber and directors' details, stamp duty, PAN and TAN application, and necessary attachments. Ensure compliance with the Companies Act 2013 and obtain digital signatures from assisting professionals.

Step Five

Draft the Memorandum of Association (MOA) and Articles of Association (AOA) containing crucial company details. Obtain digital signatures from subscribers and professionals before submitting these documents to the MCA for approval. Additionally, file the AGILE-PRO-S form to register for GST, EPFO, ESIC, a bank account, and a shop and establishment license (which may be state-dependent).

Step Six

Upon successful document verification, the MCA will issue the Certificate of Incorporation (COI) with the Company Identification Number (CIN), PAN, and TAN.

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