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- When it comes to pvt ltd company registration in India, opting for a Private Limited Company is the top choice for many due to its numerous advantages. With features like limited liability, separate legal entity for shareholders and directors, and high market credibility, it is no wonder that over 90% of registered companies in India are Private Limited Companies.
- This guide provides a comprehensive overview of the process involved to register company in India, making it the go-to option for startups and growing businesses seeking legal flexibility and credibility in the market.
What is Pvt Ltd company in India?
- In the realm of pvt ltd company registration in India, a Private Limited Company stands as a business entity owned collectively by a small group of individuals. Governed by the Ministry of Corporate Affairs, it assures limited liability for shareholders and restricts share trading to private exchanges.
- With a minimum requirement of 2 members and a cap of 200, shareholders hold ownership while directors serve as key managerial figures. Opting for incorporation offers numerous benefits such as tax advantages, enhanced credibility, and streamlined access to business loans, fostering capital formation and fund pooling among members for seamless business expansion.
Types of pvt ltd company in India
Company Limited by Shares:
- In a Company Limited by Shares, shareholders’ liability is constrained to the nominal value of the shares they hold, as specified in the Memorandum of Association. This means that in the event of the company facing financial difficulties or insolvency, shareholders are only liable to the extent of their investment in the company through the purchase of shares. Beyond this nominal share value, shareholders are not personally liable for the company’s debts or obligations. This limited liability structure provides shareholders with protection against potential losses beyond their initial investment.
Company Limited by Guarantee:
- In a Company Limited by Guarantee, member liability is restricted to a predetermined amount specified in the Memorandum of Association. This predetermined guarantee amount serves as a financial commitment from members to the company, typically invoked only in the event of the company winding up. Unlike companies limited by shares, where shareholder liability is based on share ownership, the liability of members in a company limited by guarantee is based on the agreed guarantee amount, offering a measure of financial security while still allowing members to contribute to the company’s objectives.
Unlimited Companies:
- In an Unlimited Company, members assume unlimited personal liability for the company’s debts and liabilities. This means that in the event of financial loss or insolvency, members are personally responsible for settling the company’s obligations, potentially risking their personal assets to cover any outstanding debts. However, despite this unlimited liability, an unlimited company maintains a separate legal identity distinct from its members. This legal distinction ensures that individual members cannot be sued directly for the company’s debts, offering some level of protection while still holding members personally accountable for the company’s financial obligations.
Steps to proceed for pvt ltd company registration in India
Step 1: Apply for Digital Signature Certificate
- To kickstart the process, our first step involves obtaining the Digital Signature Certificate (DSC). Once secured, Tetra Consultants will advance towards initiating the pvt ltd company registration in India, utilizing the DSC as a crucial proof of identity for directors when navigating through the online registration procedure.
Step 2: Reserve a unique business name
- Following the acquisition of the Digital Signature Certificate (DSC), the subsequent pivotal task involves securing a unique business name. Tetra Consultants step in to assist by offering name reservation services in collaboration with the Registrar of Companies (RoC). We ensure that the chosen name complies with Rule 8 of the company Incorporation Rules, verifying its distinctiveness from existing registered businesses. Additionally, Tetra Consultants extend their support by providing international trademark registration services, safeguarding the brand name globally.
Step 3: Filling of SPICE Form (INC-32)
- Once the business name receives approval, the next crucial step involves drafting the details of the company and its members/subscribers in the SPICE+ form on the MCA portal. This comprehensive proforma is essential for online registration of a private limited company in Delhi, encompassing various facets such as applying for Director Identification Number (DIN), PAN, and TAN. Tetra Consultants offer expert legal drafting services to ensure compliance with all document requirements, including declarations by directors and subscribers, and certifications by professionals.
Step 4: Filing of MoA and AoA
- As part of the online company registration process in India, the drafting of SPICE e-MoA (INC-33) and e-AoA (INC-34) forms is essential. The Memorandum of Association (MoA), as defined under section 2(56) of the Companies Act, 2013, outlines the company’s objectives and goals.
- Similarly, the Articles of Association (AoA), defined under section 2(5) of the same Act, delineate the internal workings and management structure of the company. Tetra Consultants offer specialized legal drafting services to ensure compliance with MoA and AoA requirements, facilitating a seamless registration process.
Step 5: Issuance of PAN, TAN and Certificate of Incorporation
- Upon approval of the aforementioned documents by the Ministry of Corporate Affairs, Tetra Consultants will facilitate the acquisition of essential documents such as PAN, TAN, and the Certificate of Incorporation (CoI). It is worth noting that the CoI is issued upon the successful completion of the pvt ltd company registration in India.
Step 6: Open a business bank account
- Upon completion of pvt ltd company registration in India, our experts will provide comprehensive guidance throughout the corporate bank account opening process. With our assistance, you can expect to have a business bank account set up within 4 weeks of incorporation, ensuring smooth financial oper ations for your company.
Conclusion
- Tetra Consultants offer a comprehensive solution for pvt ltd company registration in India, guiding you through every step of the process with expertise and efficiency. From acquiring necessary certificates to drafting legal documents, and from obtaining approvals to corporate bank account, our dedicated team ensures a seamless journey towards establishing your company.
- With our assistance, you can navigate the complexities of registration effortlessly, gaining access to the benefits of a private limited company while focusing on your business goals. Trust Tetra Consultants for reliable, professional support in realizing your entrepreneurial aspirations in India.
- Contact us to know more about pvt ltd company registration in India and our team will revert back in 24 hours.
Tetra Consultants
Tetra Consultants is the consulting firm that works as your advisor and trusted partner in your business expansion. We tell our clients what they need to know, instead of what they want to hear. Most importantly, we are known for being a one-stop solution for our valued clients. Contact us now at enquiry@tetraconsultants.com for a non-obligatory free consultation. Our team of experts will be in touch with you within the next 24 hours.
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