Private Company Registration

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Private Company Details For You

 A PRIVATE COMPANY is a small separate legal entity that can be formed by an association of two or more people forming a company. The maximum number of members is 200, and if the number of members reaches 200, the company is required to change to a public corporation.  Private corporations, on the other hand, are unable to make a public issue of shares, i.e., they are unable to offer shares for subscription to the general public. A private company can have a minimum of two directors and a maximum of fifteen, according to section 149(1) of the Companies Act, 2013. The proviso, similar to that of a public company, indicates that the maximum number of directors can be increased from 15 provided a special resolution is enacted.

Steps for forming a Private Limited Company 

The method for registering your company as a private limited company is complicated and requires many compliances. Do not be concerned; our professionals can assist you with every step of the private limited company registration process. Instead of reading through the entire registration process, you can take use of our professional guidance. 

Step 1: Get a Digital Signature Certificate (DSC) and a DIN.
Step 3: Availability of a Name
Step 4: Create the SPICE INC-32
Step 5: MOA and AOA are the fifth and final steps.
Step 6: PAN and TAN Application

Step 1: Obtain a DSC (Digital Signature) :

To file the forms for company creation, digital signatures the are necessary. The registration is done online, and the forms need to be signed digitally. In the memorandum and articles of association, DSC is required for all subscribers and witnesses. Digital signature certificates must be obtained from government-approved certifying institutions. You can see a list of such certified agencies here. Alternatively, you can get your DSC in only two days by ordering it online. The price of DSC varies based on the certification agency. You must get a DSC in either class 2 or class 3. The identification of a person is checked against a pre-verified database in the Class 2 category, however in the Class 3 category, the person must present oneself before the registering authority to prove their identity. To obtain DSC

Step 2: Fill out an application for a DIN number (Director Identification Number) :

A director’s DIN is a number that identifies him or herIt is required by anyone who intends to serve as a director of a corporation. One DIN is enough to act as a director in many companies.

DIN can be obtained in 2 ways :

 Option 1:

Use the DIN 3 file format. This form requires the prospective director’s basic information, as well as identification evidence (PAN, Aadhaar Card, etc.) and proof of address. This option is only available to established businesses. It indicates that, as of January 2018, the applicant will not be required to file DIR-3 individually. DIN can now be applied to up to three directors in SPICe form.

Option 2:

By filing SPICe, proposed directors who do not have a DIN will be awarded one. A maximum of three directors can apply for DIN using this technique of filing through SPICe (INC 32). If the applicant wants to form a company with more than three directors and more than three people who do not have a DIN number. In this case, the applicant must form the company with three directors and then nominate new directors after incorporation.

Step 3: Approval of the Name

There are a few ways to get your name approved:

Option 1:

Using the RUN (Reserve Unique Name) form to form a company: The Ministry of Corporate Affairs (MCA) has developed the RUN web service for company incorporation in an effort to make procedures easier for new and established businesses. RUN only allows applicants one chance to apply, and there are no second chances if the name is rejected owing to a name resemblance with a registered business, an LLP, or a trademark, or non-compliance with the Companies (Incorporation Rules) 2014. To avoid rejection, you must be certain of the proposed name and meet name availability standards as well as existing trademarks. The applicant must submit a new RUN form with the required money. 

Please note that the RUN form for name reservation does not require the entry of a DSC or DIN. Only the MCA Account is required.

However, from March 23, 2018, the Ministry has agreed to allow two proposed names and one re-submission (RSUB), while reserving Unique Names for the companies.

Option 2:

You can submit an application for the suggested name using SPICe(INC-32) however only one name can be submitted on this form, which is comparable to the RUN provision.

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Furthermore, if the application is rejected due to the applicant’s name not being approved, the applicant will be given a second chance to fill out the same SPICe form free of charge. It means you can file the same form twice without having to pay an extra fee of Rs. 1000 each time.

If you fail to get the name authorised the second time, you can start over with the SPICe form. This will almost always be less expensive than the first option. It takes about 2-3 days to complete the entire procedure, including name approval and incorporation.

Step 4: Create a SPICe (INC-32):

Form SPICe has been introduced by the Ministry of Company Affairs (INC-32). It is a simple proforma for electronically forming a company. With the convenience of a single application, it accomplishes the following goals:

Application for allotment of DIN (Director Identification Number)
Reservation of company name
Incorporation of a new company
Application for PAN and TAN

Prior to May 2015, company registration required the completion of several documents, including the DIR–3 for obtaining a DIN (Director Identification Number), INC-1 for obtaining a name, INC–7 for registering the company with the Memorandum and Articles of Association, INC–22 for the registered office, and Form DIR-12 for the directors. All of these forms have now been consolidated into one.

To file Form INC-32, you’ll need a professional’s digital signature. The expert must certify to the accuracy of all of the information on the form. An example is a Chartered Accountant, Company Secretary, Cost Accountant, or Advocate. of a professional.

With effect from January 2018, the New Process of Name Approval “RUN” has been announced, and the e-form INC-1 has been removed. The INC-7 form has been omitted. SPICE is the only option for forming a company. There are no ROC fees for incorporating a company with less than Rs.10 lakhs in authorized capital.

Step 5: e-MoA (INC-33) and e-AoA (INC-33):

These are two different types of e-MoA. (INC-34) Electronic Memorandum of Association (e-MoA) and electronic Articles of Association (eAoA) are two terms that are used interchangeably. The purpose of these forms is to make the process of forming a company in India easier.

The company’s charter is represented by the memorandum, and the company’s internal rules and regulations are contained in the articles of association.

Previously, actual filing of the memorandum and articles of association was necessary. However, as a linked form with SPICe, these forms are now filed online on the MCA portal (INC-32). Subscribers to the Memorandum and Articles of Association must sign both of these papers electronically.

Step 6: Obtaining a PAN and TAN:

You can also apply for a company’s PAN and TAN utilising forms 49A for PAN and 49B for TAN through this single form SPICe. Following the submission of the SPICe form, the system will automatically produce these forms. Simply download it, add digital signatures, and upload both documents to the MCA portal. MCA will authorise the registration and assign a CIN (Corporate Identity Number) if all of the details in the form are correctly filled out together with the appropriate papers. This CIN can also be tracked online thTo rough the MCA site.

 

Documents required for filing SPICe (INC-32) 

For a company to be formed, the following paperwork must be filed with SPICe (INC-32) :

1) In which the director and subscriber are both Indian citizens.

  • All of the Company’s subscribers are required to sign an Affidavit on Stamp Paper stating their readiness to become shareholders.
  • Rental Agreement – Proof of Office Address
  • Utility bill copies that are no more than two months old
  •  If the proposed company name contains any words or expressions that require clearance from the federal government, a copy of the approval is required.
  •  If the proposed name is based on a registered trademark or is the subject of a trademark application pending under the Trade Marks Act, the trademark registration certificate or trademark application copy must be attached.
  • The property owner’s permission is required(NOC).
  • If the subscribers/Director does not have a DIN, proof of identification and address of the subscribers must be attached.

2) Where the director/subscriber is a non-INDIAN citizen

 

  • Address proof for passports can be a driver’s licence, a residence card, a bank statement, or any other government-issued form of identification with an address.
  • It might be a registered document that proves the company’s ownership of the property or a notarized copy of the lease deed or rental agreement.

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