ITR-7 Return Filing – India Compliances

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PVT LTD COMPANY REGISTRATION: A STEP BY STEP GUIDE

In India, incorporating a private limited company is a preferred option for startups and expanding businesses, owing to its legal flexibility, limited liability protection for founders, enhanced market credibility, and adaptable structure. This detailed guide outlines the process for registering a Pvt Ltd company in India, including essential steps, required documentation, associated costs, benefits, and answers to frequently asked questions.

DIFFERENT TYPES OF COMPANY REGISTRATION IN INDIA

In India, while various company registration options are available, incorporating a private limited company is regarded with the highest level of trust by customers, vendors, employees, investors, and bankers. Each company type offers unique features, benefits, and compliance obligations. For a comprehensive overview, please submit the GET STARTED form to access a detailed video on the subject

One Person Company (OPC): One person company registration is ideal for single entrepreneurs. OPC allows a sole individual to own all the shares in the company and manage the business.
Limited Liability Partnership (LLP): LLP registration combines the flexibility of a partnership with the benefits of limited liability for its partners.
Public Limited Company: Suitable for large-scale businesses, it allows the company to sell shares to the public.
Section 8 Company (Non-Profit Company): Suitable for non profit NGO organisations. By incorporating a Section 8 Company

Alternative business structures, such as proprietorships and partnership firms, are not classified as companies and generally exhibit lower market trust compared to private limited companies.

COMPANY REGISTRATION PROCESS & STEPS:

For a comprehensive overview, please submit the GET STARTED form to access a detailed video on the company registration process.

1. Complete the Questionnaire: Upon submitting the GET STARTED form, you will be required to complete a brief questionnaire to initiate the company incorporation process.

2. Document Submission for Founders or Directors: Directors and shareholders must provide necessary documentation, as outlined below, to proceed with the incorporation.

3. Preparation of Incorporation Documents: Our legal team will review the submitted documents and prepare the necessary incorporation paperwork for the directors’ and shareholders’ signatures.

4. Obtain Digital Signature Certificates (DSC): The first step involves acquiring DSCs for the proposed directors, which are essential for electronically signing incorporation documents.

5. Name Application & Approval: The proposed company name must be unique and indicative of its business activities. The name can be verified and applied for through the Ministry of Corporate Affairs (MCA) portal.

6. Drafting of Memorandum of Association (MoA) & Articles of Association (AoA): Prepare and submit the MoA, which defines the company’s objectives, and the AoA, which outlines the internal rules and bylaws.

7. File Incorporation Application: Submit the incorporation application (SPICe Form) along with the required documents to the MCA. This form also includes applications for PAN and TAN.

8. Approval and Issuance of Incorporation Certificate: The Registrar of Companies (RoC) will verify the submission and issue a Certificate of Incorporation, signifying the official formation of the company.

9. Obtain Director Identification Number (DIN): Each director must obtain a DIN by submitting an online application.

10. Obtain PAN & TAN: The company will be assigned a PAN and TAN/TDS number upon issuance of the incorporation certificate.

11. Open a Bank Account: Establish a bank account in the company’s name to commence business operations.

DOCUMENTS REQUIRED FOR COMPANY REGISTRATION

The following documents are needed for registering a Pvt Ltd company in India:

Identity Proof of Directors and Shareholders: A government-issued photo ID (e.g., Passport, Driving License, Voter ID). A recent passport-sized photograph.
Address Proof of Directors and Shareholders: Utility bills (e.g., electricity, water, gas) or bank statements, not older than three months. Rental agreement or property ownership documents if applicable.
Proof of Registered Office Address: Utility bill or property tax receipt of the proposed registered office. Rental agreement or property ownership documents.
Digital Signature Certificates (DSC): DSCs for the proposed directors are required for electronically signing the incorporation documents.
PAN Card of Directors and Shareholders: PAN card copies of all directors and shareholders.
Proof of Payment for Incorporation Fees: Payment receipts or bank statements reflecting payment for incorporation fees.

Please ensure all documents are duly verified and up-to-date to facilitate a smooth registration process.

COMPANY REGISTRATION FEES, COST, & CHARGES

The cost of registering a Private Limited Company in India is influenced by various factors, including the number of directors, share capital, and professional service fees.

The primary government fees are as follows:

1. Digital Signature Certificate (DSC): Fee applicable for each DSC application.

2. Name Reservation: Fee for reserving the company name.

3. Form Filing Fees: Fees for submitting the incorporation forms.

4. Stamp Duty: Varies according to the state of incorporation.

Additional costs may include professional fees for legal documentation and advisory services.

BENEFITS OF COMPANY REGISTRATION

Registering a Pvt Ltd company offers many advantages:

Provides Limited Liability Protection for Directors' Personal Assets

Startups often require financing and may need to take on credit. In the case of traditional partnerships, partners' personal savings and assets are at risk if the business fails to repay its debts. However, in a private limited company, liability is limited to the amount invested in the business, safeguarding the personal assets of the directors.

Enhanced Market Image and Credibility

The private limited company is a widely recognized and esteemed business structure. Corporate clients, vendors, and government agencies generally prefer to engage with private limited companies over proprietorships or traditional partnerships due to their established credibility and formal structure.

Facilitates Efficient Fundraising and Loan Acquisition

A Private Limited Company has a broader array of funding opportunities, including bank loans, angel investors, and venture capitalists, compared to Limited Liability Partnerships (LLPs) and One Person Companies (OPCs).

Preferred Business Structure for Investors

Investors favor Private Limited Companies due to their well-established structure and relatively straightforward regulatory requirements. Crucially, these entities offer a simplified exit process, making them an attractive option for investors seeking both stability and flexibility.

Simplifies the Recruitment of Talent

For startups, assembling and retaining a team can be challenging. However, the credibility associated with a private limited company structure facilitates easier recruitment and long-term retention of employees. The corporate framework enables the use of formal designations and stock options, which can effectively attract and motivate talent.

Facilitates a Streamlined Sale Process

A Private Limited Company offers a streamlined and cost-effective process for sale, involving minimal documentation and expenses compared to other business structures.

MINIMUM REQUIREMENTS FOR PVT. LTD. REGISTRATION

Minimum 2 Shareholders
Minimum 2 Directors
The directors and shareholders can be same person
One of the Directors must be Indian Resident
Suggested Authorised Share Capital 20,000 (INR Twenty Thousand)
DIN (Director Identification Number) for all Directors
DSC (Digital Signature Certificate) for 2 Promoters & 1 witness

WHAT ALL YOU GET

DIN for 2 Directors
MOA + AOA
Customized Incorporation Master File
Bank Account Opening Support
Digital Signature Token for 2 Promoters & 1 witness
Incorporation Certificate
Company PAN Card
Domain + Web Hosting + 10 Email Ids for 1 year
Company Name
PF + ESIC + Professional Tax
Company TAN/TDS
Surprise Benefits for 2 Partners for Rs. 2 Lac each

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FAQ ON PRIVATE LIMITED COMPANY REGISTRATION

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