Private Limited Company Registration

Starting a Private Limited Company in India.

MINIMUM REQUIREMENT:

1. Should be formed by two or more persons.

2. No Minimum capital is required.

3. DSC for both the Directors of the Company.

4. DIN -Director Identification Number for both the Directors.

*The Directors and shareholders can be the same person.

What is a Digital Signature Certificate (DSC)?

The Information Technology Act, 2000 provides for use of Digital Signatures on the documents submitted in electronic form in order to ensure the security and authenticity of the documents filed electronically. This is the only secure and authentic way that a document can be submitted electronically. As such, all filings done by the companies under MCA21 e-Governance programme are required to be filed with the use of Digital Signatures by the person authorised to sign the documents.

Getting DIN

The concept of a Director Identification Number (DIN) has been introduced for the first time with the insertion of Sections 266A to 266G of Companies (Amendment) Act, 2006. As such, all the existing and intending Directors have to obtain DIN within the prescribed time-frame as notified.

Name Search and Application for Name Reservation:

The first step in the formation of a company is the approval of the name by the Registrar of Companies (ROC) in the State/Union Territory in which the company will maintain its Registered Office. This approval is provided subject to certain conditions: for instance 

There should not be an existing company by the same name. The last words in the name are required to be "Private Ltd." The application should mention at least four suitable names of the proposed company, in order of preference. Once a name is approved, it is valid for a period of sixty days, within which time Memorandum of Association and Articles of Association together with miscellaneous documents should be filed.  Registration Process: Submission of Final documents to the Registrar of Companies: After getting the name approved from the Registrar of Companies (RoC), documents such as MOA, AOA and other miscellaneous documents has to be submitted within 60 days from the date of approval of name. The ROC will issue a Certificate of Incorporation after careful review of documents submitted. Section 34(1) cast an obligation on the Registrar to issue a Certificate of Incorporation, normally within 7 days of the receipt of documents.  As per the new Companies Act, 2013, even the Private Limited Companies has to apply for Certificate of Commencement of Business after obtaining Certificate of Incorporation.