D M & Associates

Private Limited Company is the most favoured form of business entity in India having perpetual succession with least of two directors & shareholders, the maximum being 15 and 50 respectively, is a must for private limited company registration. It is very convenient to organize and operate a private limited company as a business and can be commenced immediately. There is no minimum paid-up capital required to start a company. It also increases the credibility of the business thus, enhancing the future growth of the company.

Many start-ups and companies consider this form of a business entity as it permits capital funding to be raised easily; it also limits the liability protection to its shareholders and enables them to offer employee stock options to motivate their employees.  Availability through a bank loan, equity or debt funding makes a private limited company the most recommended legal structure of many small and medium-sized business entities that are family-owned or professionally run in India.

LIMITED LIABILITY

After establishing a private limited company registration in Mumbai, if debts are not repaid then only the invested capital in commencing the business would be lost, the personal properties of the directors would be safe unlike in a Partnership firm, where partners are personally liable for all their debts and would also have to sell their personal assets. A private limited company has a separate legal identity with restricted liability.

EASY TRANSFERABILITY

The ownership in a Private Limited Company can be easily transferred to another person by shares. The signing and filing of the share transfer form and share certificates are sufficient to transfer ownership of the company. The consent of other shareholders is required to affect the share transfers in a private limited company.

PERPETUAL SUCCESSION

A Private Limited Company is a business entity having perpetual succession that means continued existence until it is legally dissolved or wound up. After getting a PVT LTD company registration, it has a separate legal identity. It is unaffected by the death or removal of any Director. Thus, a Private Limited Company continues to exist irrespective of the changes made in ownership.

BORROWING CAPACITY

After getting a Pvt ltd company registration in Mumbai companies can raise equity funds. With the permission of RBI, it can also issue equity shares, preference shares, debentures and accept deposits. Banks and Financial Institutions prefer providing funding to a company than partnership firms or proprietary concerns. A private limited partnership restricts its ownership but offers legal protection to its shareholders. It is relatively convenient to manage and run the company with a possibility of expansion for growing companies. It is also easier to dissolve and wind up the company.

A private limited partnership offers legal protection to its shareholders but restricts its ownership. It is relatively convenient to manage and run the company with a possibility of expansion for growing companies. Also, it is easy to dissolve and wind up the company.

1. FOR DIRECTORS & SHAREHOLDERS

• Copy Of PAN OR Passport (For NRI’S)
• Copy Of Voter’s ID OR Passport OR Driver’s License
• Copy Of Latest Bank Statement OR Electricity Bill OR Telephone Bill
• Passport sized photographs
• Specimen Signatures

2. FOR REGISTERED OFFICE

• Copy Of Latest Bank Statement OR Electricity Bill OR Telephone Bill
• Copy Of Notarized Agreement of the rent (English)
• Copy Of Property owner’s NO-Objection certificate
• In case of owned property, Sale deed (English)

In order to get a private limited company registration in Mumbai recently, the Ministry of Corporate Affairs (MCA) came with new rules for the Incorporation of a Company under the Companies Act, 2013 by introducing e-form INC-32 under the SPICE scheme in one single step.

*SPICE – Simplified Proforma for Incorporating Company Electronically.

The SPICE form was introduced by MCA with a motive to prepare MOA & AOA electronically (E- MOA or E-AOA). Due to this amendment, the manual preparation of MOA & AOA & physical signature by the concerned persons will not be required.

This form can be used for the following:

Application of DIN (up to 3 Directors)

Application for the availability of Name (Only One)

No need to file a separate form for the first Director (DIR-12), the address of the registered office (INC-22), PAN  & TAN.

*E-MOA – Form INC-33

*E-AOA – Form INC-34

DSC of every subscriber is Mandatory. The subscribers & witnesses shall affix their digital signatures to the E-MOA and E-AOA.

The approval of DIN, Name, and Incorporation will usually take 1-2 days.

INC-32 will require Professional Certification.

Also, it is mandatory to file & upload PAN & TAN applications on the MCA website.

Eligibility for Private Limited Company Registration 

The following criteria are considered for the eligibility of Pvt Ltd Company Registration,  

• Number of Directors 
  For private limited company registration, the company should have a minimum of two directors or shareholders and a maximum of 150 to 200, respectively. One of them must be an Indian citizen.

• Authorized Capital 
  During Pvt Ltd Company Registration, there is no specific requirement for authorized capital. The company is allowed to choose an amount suitable to the business needs.

• Name Availability
  It should be ensured that the proposed company name is unique and complies with the Ministry of Corporate Affairs guidelines.

• Registered Office 
  While registering for a private limited company, the company must have a registered office address in India for receiving official communications.

• Digital Signature Certificates
  Also called DSCs, they are necessary for the online filing procedure of the company’s Directors and Shareholders.

• Director Identification Number 
  For Private Limited Company Registration, directors must obtain a Director Identification Number (DIN) from the Ministry of Corporate Affairs.