Private Limited Company

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Private Limited Company

Private Limited Company registration is the most popular legal structure option for businesses in India. Private limited company can have a minimum of two members and a maximum of fifty members. The directors of a private limited company have limited liability to creditors. In a case of default, banks / creditors can only sell company’s assets but not personal assets of directors.

Start-ups and growing companies prefer private limited company as it allows outside funding to be raised easily, limits the liabilities of its shareholders and enables them to offer employee stock options to pull in top talent.

Choose Private Limited Company Registration because

  • It is flexible and has limited liability.
  • Greater capital contribution and greater stability
  • Possibility to grow big and expand

ADVANTAGES OF PRIVATE LIMITED COMPANY?

There are multiple reasons to choose private limited company:

  • Preferred by banks, VCs & investors
  • Easy to allocate and redistribute shares to investors or other directors
  • Separate legal entity which limits your liability
  • Offers the flexibility of a partnership firm and the advantages of a Public Ltd Company
  • Easy to register, manage & run
  • Easy to dissolve or wind-up.

5 STEPS FOR COMPANY REGISTRATION

Application of DSC & DPIN

First of all, the partners have to apply for Digital signature and DPIN. Digital signature is an online signature used for filing and DPIN refer to Directors PIN number issued by MCA. If the directors already have DSC and DPIN, then this step can be skipped.

Name Approval

You need to provide 3 different options for your company name to MCA of which one will be selected. Names provided should ideally be unique and suggestive of company business

MOA & AOA Submission

Once name is approved, one needs to draft Memorandum of association and Articles of Associate. Both MOA and AOA are filed with the MCA with the subscription statement.

Get Incorporation Certificate

It typically takes 15- 25 days to form a Private limited company and get the incorporation certificate. Incorporation certification is a proof that company has been created. It also includes your CIN number.

Apply for PAN, TAN & Bank Account

Then you need to apply for PAN and TAN. PAN and TAN are received in 7 working days. Post this, you can submit the Incorporation certificate, MOA, AOA and PAN with a bank to open your bank account.

DOCUMENTS REQUIRED FOR COMPANY REGISTRATION

  • Copy of PAN Card of directors
  • Passport size photograph of directors
  • Copy of Aadhaar Card/ Voter identity card of directors
  • Copy of Rent agreement (If rented property)
  • Electricity/ Water bill (Business Place)
  • Copy of Property papers(If owned property)
  • Landlord NOC (Format will be provided)

Limited Liability Partnership (LLP)

LLP refers to Limited liability partnership and is governed by Limited Liability Partnership Act 2008. Limited Liability partnership is a business entity which provides an advantage of limited liability to its owners and at the same time requires minimal maintenance. The directors of a private limited company have limited liability to creditors. In the case of default, banks / creditors can only sell company’s assets and not personal assets of directors.

Choose LLP because

  • Dual advantages- Company and a Partnership
  • No partner will be responsible for other partner’s misconduct
  • Cheaper to incorporate than a private limited company
  • Limits the liabilities of its partners

DOCUMENTS REQUIRED FOR LLP REGISTRATION

  • Copy of PAN Card of partners
  • Passport size photograph of partners
  • Copy of Aadhaar Card/ Voter identity card
  • Copy of Rent agreement (If rented property)
  • Electricity/ Water bill (Business Place)
  • Copy of Property papers (If owned property)
  • Landlord NOC (Format will be provided)

MINIMUM REQUIREMENTS FOR LLP REGISTRATION

  • Minimum 2 Partners
  • No Capital Requirement
  • At least one Designated Partner as Indian Resident
  • DPIN for all Partners

WHAT IS LLP OR LIMITED LIABILITY PARTNERSHIP

LLP is a separate legal entity that gives the benefit of limited liability of company plus the flexibility of a partnership, wherein no partner is held liable on account of other’s partner misconduct. An LLP agreement is drafted to govern their rights and duties. Limited Liability Partnership has been introduced in India by way of Limited Liability Partnership Act, 2008. Limited Liability Partnership is basically introduced to provide an opportunity to entrepreneurs where they can form of business organisation which is simple to maintain while at the same time providing limited liability to the owners.

STEPS INVOLVED IN LLP REGISTRATION

  • Application of DSC & DPIN:
    Our very first step in this direction would be getting Digital Signature Certificate (DSC) and Designated Partner Identification Number (DPIN) for the proposed Partners of the LLP. Within a time frame of 5 to 7 working days DPIN and DSC can be obtained from the proposed Partners. If the partners already have DSC and DPIN, then this step can be skipped.
  • Name approval:
    A minimum of one and a maximum of six proposed names are required to be given to the MCA. Subject to availability, naming guidelines and MCA processing time, we will get back to you with the Name approval within 5 to 7 working days. Names provided should ideally be unique and suggestive of company business.
  • MOA & AOA submission:
    Once name is approved, one needs to draft Memorandum of association and Articles of Associate. Both MOA and AOA are filed with the MCA with the subscription statement.
  • Get incorporation certificate:
    You can submit the required documents along with incorporation application. MCA will usually approve the application for incorporation in 5 to 7 days, subject to their processing time. Incorporation certification is a proof that company has been creation. It also includes your CIN number.
  • Apply for PAN, TAN and Bank account:
    Then you need to apply for PANand TAN. PAN and TAN are received in 7 working days. Post this, you can submit the Incorporation certificate, MOA, AOA and PAN with the bank to open your bank account.
    Factors to consider in LLP name selection (Rephrase this – it is copy of private limited
    The name of your company is very important. Your company’s name is the first impression to your buyers, suppliers and stakeholders. It should, therefore, be relevant, suggestive and attractive. There are various factors that you should keep in mind while naming for your company.
  • Short & Simple
    The name should be concise and not be too long so that people can recall it easily.
  • Meaningful
    The name of your company should be related to your business. It should fit the company’s branding . For example, Infosys refers to information systems or IT technologies.
  • Unique
    Name of your company should not be same or identical to an existing company or trademark.
  • Suffix
    The name of your company should end with the suffix “Private Ltd” in a case of a Private limited company and “LLP” is a case of a limited liability partnership.
  • Should not be illegal / offensive
    The name of your company should not be against law. It should not be abusive or against the customs and beliefs of any religion.