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Private limited Company incorporation

A private limited company is a type of company that is registered under the Companies Act, 2013 in India. This type of company is a separate legal entity with limited liability and has a minimum of two and a maximum of 200 members/shareholders. The shareholders of a private limited company have limited liability, which means that their personal assets are not at risk in case of any losses incurred by the company.

Some of the key features of a private limited company are:

1. Limited liability:

The shareholders of a private limited company have limited liability, which means that their personal assets are not at risk in case of any losses incurred by the company.

2. Separate legal entity:

A private limited company is a separate legal entity, which means that it can own property, enter into contracts, and sue or be sued in its own name.

3. Perpetual existence:

A private limited company has perpetual existence, which means that it continues to exist even if the shareholders or directors change.

4. Minimum and maximum number of shareholders:

A private limited company must have a minimum of two and a maximum of 200 members/shareholders.

5. Restrictions on the transfer of shares:

The shares of a private limited company cannot be freely transferred or traded, and any transfer of shares requires the approval of the other shareholders.

6. Board of directors:

A private limited company is required to have a board of directors, which manages the affairs of the company and makes decisions on behalf of the shareholders.

7. Audit requirement:

A private limited company is required to get its accounts audited by a qualified auditor every year.

Starting a private limited company in India requires registration with the Ministry of Corporate Affairs (MCA), submission of required documents and fees, and obtaining the necessary approvals and certifications.

To incorporate a private limited company in India, you need to follow these steps:

1. Obtain Digital Signature Certificate (DSC):

The first step is to obtain a DSC for the proposed directors of the company. A DSC is a digital signature that is used to sign documents electronically.

2. Obtain Director Identification Number (DIN):

The next step is to obtain a DIN for the proposed directors of the company. A DIN is a unique identification number that is assigned to every director of a company.

3. Name reservation:

Once you have obtained the DSC and DIN, you need to apply for the reservation of a company name through the RUN (Reserve Unique Name) facility on the MCA portal.

4. Incorporation application:

After the name has been reserved, you need to file an incorporation application through the SPICe (Simplified Proforma for Incorporating Company Electronically) form on the MCA portal. You will also need to attach the required documents, such as the Memorandum of Association (MOA) and Articles of Association (AOA), and pay the required fees.

5. PAN and TAN application:

After the incorporation application is approved, you need to apply for a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for the company.

6. Bank account opening:

Once you have obtained the PAN and TAN, you can open a bank account for the company and start conducting business.

It is important to note that the process of incorporating a private limited company in India can take up to 15 days or more, depending on the time taken for approval of the application and other factors. It is recommended to seek the assistance of a professional such as a chartered accountant or a company secretary to ensure that the incorporation process is smooth and hassle-free.