Note
In case there are more than 2 Directors / Shareholders, then an additional DSC cost of Rs. 1500/- per Director/Shareholder shall be applicable.
Inclusive of all Government Fees, except for the States of Madhya Pradesh, Kerela and Punjab where additional stamp duty needs to be paid.
In case of Premium Plan, the Government Fee for filing statutory forms/returns shall be extra.
Latest Passport Size Photo
PAN Card (For Indians) or Passport (For Foreigners)
AADHAAR Card / Driving License / Passport / Voter ID (any one)
Latest Bank Statement / Electricity / Phone Bill (any one), containing complete address and name of the ID holder
Latest Electricity / Phone Bill (any one) in the name of the property owner
NOC from the property owner or if taken on rent, then rent agreement
A private limited company is the most popular option and one of the most highly recommended type of business entity to choose. Registered under the Companies Act, 2013, a private limited company is a separate legal entity where its owners (shareholders) have limited liability. A private limited company can have a minimum of 2 (two) shareholders and a maximum of 200 (two hundred) shareholders, with a restriction that it cannot borrow money from public or come out with a public offer of its shares.
At ZAPTAX , we offer you a seamless experience for your Company Registration so that you focus on setting up your business.
Private Limited Company vs LLP (Limited Liability Partnership)
Both Private Limited Company and LLP are entities having separate legal existence from their owners, i.e. shareholders in the case of a company and partners in the case of an LLP. Also, both the structures have limited liability and thus personal assets of the owners remain safe. But unlike LLPs, there can be a separation of ownership and management of a company, as management (Directors) may be different from the Shareholders. For this reason, banks, financial institutions, and investors (VCs and angel investors) prefer companies for investing or giving loans.
However, it is important to consider here that the company structure has stricter compliance, mandatory statutory audits, and consequently increased compliance costs compared to LLPs.
Protection of personal assets from the risks and liabilities of business.
Doing business in a formal corporate structure builds more credibility and trust before clients.
Banks and investors give preference for funding as the company structure has higher corporate governance norms.
Private limited company has the lowest tax rate structure as compared to other entities. Refer FAQs for tax rates
Only three types of entities can be registered as a start-up, a private limited company being one of them.
Private limited company is the right choice when envisioning expansion as it can have proper organizational set-up.
The effective income tax rates on domestic companies are as under:-
Type of Companies |
Special Effective Tax Rates ** |
Normal Effective Tax Rate
|
|
|
|
(for Turnover up to 400 crores) |
(for Turnover above 400 crores) |
Domestic Manufacturing Company |
17.16% |
27.82% to 29.12% |
33.384% to 34.944% |
Other Domestic Companies |
25.168% |
** For availing the above special income tax rates following conditions should be met:-
Usually, it takes 5 to 7 days for company incorporation. Still, the same depends on the completeness of the information and documents provided to us and upon the workload at the registrar's office.
No, registration of a new company is an entirely online process involving the filing of all the documents with the registrar of companies electronically; thus, physical presence is not required. We only need scanned copies of all the required documents & forms.
It means that the company is a separate person from its owners (shareholders), which can hold property, have assets & liabilities, file & defend cases and therefore, a company is also called an artificial person in the eyes of the law.
What's in the name is not truly the case when it comes to a business name. Thus it becomes essential to have a name which apart from other factors is relevant, indicative of the company's line of business and catchy.
The Ministry of Corporate affairs has complete guidelines for the approval of names by the registrar of companies. The most important one being that the proposed name should not be similar to the name of any other registered company / LLP or any registered trademark. Also, the name should end with the words "private limited" in case of a private limited company.
Further, there are certain subjective conditions/restrictions on name availability which are subject to the interpretation of the concerned officer handling the case at the registrar's office.
We will do a comprehensive search on the names provided by you to check their availability in the relevant databases. Thus, we recommend you to provide us with 3-4 alternatives.
Furthermore, in case the name has already been taken, don't worry it's not compulsory to have your company name and brand name the same; you can keep your brand name and company name different but do make sure the brand name which you are finalizing is also not a trademark of any other person.
A Memorandum of Association (MOA) is a document that records the intent of persons coming together to form a company and subscribe to the company's initial capital. MOA also contains the name of the company, the business objects (i.e. what business the company can and will do in future), the registered office clause (in which state the company's registered office will be situated), and the company's authorized capital.
Articles of Association (AOA) is a document which contains internal rules & regulations relating to governance of the company. A company can either adopt the standard format of AOA or make its own regulations, which cannot be beyond the provisions mentioned in the Companies Act, 2013.
A digital signature certificate (DSC) is an electronic signature issued in a token under the provisions Information Technology Act 2000, which helps the DSC holder to sign documents digitally. A document containing a digital signature is considered a validly signed document and does not require physical signatures.
As the name indicates, Director Identification Number (DIN) is a unique number allotted to every person who is, has been, or is proposed to be Director. In case of LLPs, their designated partners are also required to obtain DIN. It is issued to the applicant either along with the incorporation of a company / LLP or while intending to become a Director in an existing company / Designated Partner in an existing LLP.
The authorized capital is the maximum limit up to which the company is authorized to raise capital by issuing shares.
The Paid-up capital is the total amount paid by all the shareholders on the date shares are issued by the company.
There are no minimum paid-up capital criteria for registering your private limited company. The capital with which the company started should ideally depend upon the initial requirements based on the business plan.
The business which a company can carry out is mentioned in the object clause of the MOA of the Company.
Yes, a company can carry out multiple businesses, in case while filing the incorporation application; the object clause contains numerous businesses and the same is approved by the office of the registrar of companies. However, it is generally seen that if the said multiple businesses are not related to the same industry, then approval is not given by the office of the registrar of companies.
Scan copy of following documents are required for each of the proposed Director and Shareholder:-
Photograph – Latest Passport size
Identity Proof 1 – PAN Card (Compulsory for Indian Nationals) or Passport (For Foreign Nationals)
Identity Proof 2 – AADHAR Card / Driving License / Passport / Voter ID (any one)
Address Proof – Latest Bank Statement / Electricity / Phone Bill (any one), containing complete address and name of the ID holder
Also, Scan copies of the following documents are required for Registered Office:-
Registered Office Address Proof 1 – Latest Electricity / Phone Bill (any one) in the name of the property owner
Registered Office Address Proof 2 – NOC from the property owner or taken on rent then rent agreement
Every private limited company post-incorporation has to comply with the following post-incorporation compliances:-
Note: the above indicates only one-time post-incorporation compliances; apart from this there are other routine and ongoing compliances also.
Apart from any sector-specific laws & their compliances, the basic routine compliances applicable to private limited companies can be divided into 3 (three) categories: accounting & auditing, statutory returns (TDS, GST & ITR) and ROC compliances.
Assuming that there are no other statutory registrations, licenses or sector-specific compliances and that all the compliances mentioned in the above three basic categories are done in a timely manner, the annual compliance cost to run a private company should range between Rs. 36,000 to Rs. 48,000 at the minimum.
Yes, every company must get its accounts audited irrespective of whether there was no business done, no profit etc.
An individual who is above the age of 18 after obtaining DIN (director identification number) can become a director in a company.
A private limited company should have a minimum of 2 (two) and can have a maximum of 15 (fifteen) directors. However, the maximum limit can be increased by taking 3/4th majority approval (special resolution) of shareholders.
NRIs and foreign nationals can also become a director in a company subject to attaining the age of 18 and obtaining a DIN number.
There is no restriction under the law regarding a person in employment becoming a director in a company. However, it is suggested that you go through the terms of employment also to check if any restriction on becoming a director / carrying on any business is mentioned or not.
Any individual (Indian or foreign national), Company, LLP, other body corporates, registered society, or HUF (through its Karta) can become a shareholder in a company. A partnership firm cannot become a shareholder; however, the partners can jointly hold shares in their name.
A private limited company should have a minimum of 2 (two) and can have a maximum of 200 (two hundred) shareholders.
Yes, if you don’t have any other person to join you in your business and since a private limited company needs to have a minimum of 2 directors and shareholders, you can involve your family member for the same.
A registered office is an address designated as the company's official address for receiving all communications from government departments, statutory authorities, shareholders, directors, and others. Also, all the records and papers relating to the company need to be maintained at this registered office address only.
Yes, there is no such requirement of having a commercial space for a company's registered office.
Yes, an LLP or a partnership firm can be converted into a company.
No, a sole proprietorship cannot be converted into a private limited company. However, after incorporating a new company, you can take over the running business of your sole-proprietorship firm in the company.