Private Limited Company Registration

Why Private Limited Company Registration

A Private Limited Company (Pvt Ltd) is one of the most popular and preferred business structures in India. It is a legal entity separate from its owners, which means it can enter into contracts, own property, and be responsible for its debts. Shareholders in a Private Limited Company have limited liability, which means their personal assets are protected from the company’s financial liabilities.

For small and medium-sized enterprises, a Private Limited Company is the ideal business structure as it allows for growth, limited liability, and easy access to capital while maintaining flexibility in management.

Private Limited company

Why choose it?

Limited Liability Protection

One of the primary advantages of registering a Private Limited Company is the protection it offers to the shareholders. Your personal assets are protected from the liabilities of the business, as the company itself is a separate legal entity.

Credibility and Trust

A Private Limited Company adds credibility to your business, making it easier to attract investors, partners, and clients. It’s a well-recognized structure in India, which can make your business stand out in a competitive market.

Perpetual Succession

A Private Limited Company enjoys continuity of existence, meaning the business continues to function even in the case of changes in the ownership structure, such as the death or departure of a shareholder.

Access to Funding

With a Private Limited Company Incorporation, raising capital becomes easier. Investors prefer funding businesses that are registered as Private Limited Companies because of the transparency and formal structure it offers.

FDI Permitted

A Private Limited Company can receive 100% foreign investment in almost all sectors under the Automatic Route, subject to RBI Reporting. So Private Limited company registration is best business structure for FDI permit.

Low Taxation

Registered companies in India are eligible for various tax exemptions and deductions. Additionally, a Private Limited Company enjoys a more favorable tax structure compared to sole proprietorships or partnerships.

Online Company Registration Process

Step 1: RUN Name Approval

To reserve the company name, an application for company name approval is first submitted to the Ministry of Corporate Affairs. 1 or 2 names with business objective might be included in the name approval application. If a name approval is denied, one or two additional names may be presented. All name approval applications are typically approved by the MCA in less than 5 business days.
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Step 2: Obtain Digital Signature for Directors

In India, the Ministry of Corporate Affairs does not allow wet signatures. All signatures for filings with the MCA must be completed with a digital signature that is issued by a Certification Authority in India. Hence, digital signatures are mandatorily required for the Directors before incorporation.
To obtain Digital Signature, the Directors will have to submit a copy of their identity proof and complete a video KYC process. If the Director is a foreign national, the passport and other documents submitted must be apostilled by a local embassy.

Step 3: Incorporation Application Filing

Once the digital signatures are obtained, the incorporation application can be filed in SPICe Form to the MCA with all relevant attachments. Along with the incorporation application, the Memorandum of Association (MOA) and Articles of Association (AOA) of the company are filed.
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Step 4: Issuance of Incorporation Certificate , PAN and TAN

If the MCA finds the incorporation application to be complete and acceptable, the Incorporation Certificate is granted along with PAN of the company. The MCA normally accepts all incorporation applications in less than 5 working days.

How Long Does It Take to Register a Private Limited Company?

The process generally takes 7-10 business days to complete. However, this timeline can vary based on the completeness of your documents and any additional steps that may be required for your business.

Taxation for Private Limited Companies

The income tax for companies ranges from 15% to 30%, depending on the case. There are two categories of companies as mentioned below.

A. Newly Incorporated Company: A company incorporated on or after 1st October 2019, and that does not claim any other concession, deduction, exemption under the income tax act, the tax rate is as under

Particulars Manufacturing Company Other Company
Tax Rate 15.00% 22.00%
Surcharge 10% on tax 10% on tax
Cess 4% on tax & cess 4% on tax & cess
Effective Rate 17.16% 25.17%

F.A.Q.

Private Limited company registration

To register a Private Limited Company, you need:

  • A minimum of 2 directors and 2 shareholders (can be the same individuals)
  • A registered office address in India
  • Digital Signature Certificate (DSC) for directors
  • Director Identification Number (DIN) for all directors
  • A clear business name that adheres to the naming guidelines set by the Ministry of Corporate Affairs (MCA)

You will need the following documents:

  • Identity proof (Aadhar card, Passport, Voter ID, etc.) of directors and shareholders
  • Address proof (Electricity bill, Bank statement, Rent agreement, etc.)
  • A passport-size photograph of all directors
  • Proof of the registered office address
  • No Objection Certificate (NOC) from the landlord if the office is rented

Yes, a foreigner can be a director or shareholder in a Private Limited Company in India. However, there must be at least one Indian resident director. Additionally, the foreign shareholder must adhere to the Foreign Direct Investment (FDI) policies of India.

Yes, all Private Limited Companies are required to file annual returns with the Ministry of Corporate Affairs. This includes:

  • Statutory Audit
  • Filing of financial statements (Balance Sheet and Profit & Loss Account)
  • Annual Return with the MCA
  • Income tax returns with the Income Tax Department

After registering a Private Limited Company, the following compliances must be met:

  • Comencement of Business (INC20A) Filing
  • Holding annual general meetings (AGMs)
  • Maintaining statutory registers (like minutes, resolutions, etc.)
  • Filing financial statements and returns with the MCA
  • Tax filings with the Income Tax Department
  • Compliance with Goods and Services Tax (GST) if applicable

Yes, you can change the name or business objectives of your company after registration, subject to approval from the Ministry of Corporate Affairs. This involves passing a special resolution and filing necessary documents with the MCA.

Some of the advantages include:

  • Limited liability protection
  • A separate legal entity distinct from its owners
  • Easier access to business loans and funding
  • Ability to transfer ownership easily (through shares)
  • Enhanced business credibility
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