Online Company Registration In India - An Overview
Establishing a private limited company, which provides its shareholders with limited liability while imposing some ownership restrictions, is one of the most widely suggested options for beginning a business in India. The partners will handle it if it is an LLP. A private limited company registration, on the other hand, allows directors and stockholders to be independent entities.
Wealth 4 India, as your trusted legal counsel, provides a cost-effective solution for registering your company in India. We handle all legal procedures and ensure that the Ministry of Corporate Affairs (MCA) requirements are followed. We give you with an Incorporation certificate (CoI), as well as PAN and TAN documents, upon successful completion of the pvt Ltd business registration process. With them, you may easily open a current bank account and begin your business operations.
Benefits of Pvt Ltd Company Registration
There are various benefits to forming a corporation. By doing so, you strengthen your company's legitimacy, which can lead to higher consumer trust. Furthermore, online company registration can provide a variety of benefits that can help your firm expand and prosper.
- Personal liability is protected, as are other risks and damages.
- Increase your customer base.
- Private Limited Companies can easily raise capital through the issuance of shares to investors.
- Shares of a Private Limited Company are transferable, subject to certain conditions.
- The company's existence is not affected by the death, retirement, or insolvency of any of its shareholders or directors.
How to Register a Private Limited Company?
In India, forming a business is now relatively simple and accessible. If you wish to form a private limited company or any other business structure, Wealth 4 India has made the process simple to ensure a smooth experience. With just a few crucial steps, you may acquire extensive insight into the registration process. The entire registration process is now hassle-free and streamlined thanks to the online registration system.
Here are the steps on how to register a private limited company in India:
- Collect Required Documents & Information
For the incorporation process, compile the required paperwork and get them verified.
- Obtain a Digital Signature Certificate
Apply for Digital Signature Certificate (DSC)
- Name Reservation
Get Name Approval Letter from Ministry of Commerce Affairs (MCA)
- Filing of Incorporation Documents
File the incorporation documents, including the MOA, AOA, and other necessary forms, on the MCA porta
Company Registration in India 2023
The due dates for depositing tax withheld at source and submitting TDS returns for each deductor's fiscal year 2022–2023 are shown in the table below. Every year, make sure to check the TDS rates as well.
Quarter ending |
Deduction month |
Month Payment due dates for deduction of tax (2022-2023) |
Filing due dates of tds returns for the year ( 2022-2023) |
30 June 2022 |
April 2022, May 2022, June 2022 |
7 may 2022, 7 June 2022, 7 July 2022 |
31 July 2022 |
30 September 2022 |
July 2022, August 2022, September 2022 |
7 August 2022, 7 September 2022, 7 October 2022 |
31 October 2022 |
31 December 2022 |
October 2022, November 2022, December 2022 |
7 November 2022, 7 December 2022, 7 January 2023 |
31 January 2023 |
31 March 2023 |
January 2023, February 2023, March 2023 |
7 February 2023, 7 March 2023, 7 April 2023 for tax deducted by govt. office), 30 April 2023 (for other deductors) |
31 May 2023 |
Features of a Private Limited Company
- Members
A Private Limited Company must have a minimum of two and a maximum of 200 shareholders. This restriction ensures a level of control and privacy within the company.
- Numbers of Directors
A Private Limited Company must have a minimum of two directors and maximum 15 Directors
- Limited liability
The liability of the members of a private limited company is limited to the amount of shares they hold. This means that the members' personal assets are not at risk in the event of the company's debts.
- Perpetual succession
A private limited company is a legal entity that continues to exist even if some or all of its members leave or die.
- Name Ending
The name of a Private Limited Company must end with "Private Limited" or "Pvt. Ltd." to signify its type.
- Invitation to Public
A Private Limited Company cannot invite the general public to subscribe to its shares or debentures.
Checklist for Pvt Ltd Company Registration
Here is a checklist for private limited company registration in India:
- Choose a name:
The name of your company must be unique and end with "Private Limited". You can check the availability of a name on the Ministry of Corporate Affairs (MCA) website.
- Get a DIN:
Each director of your company must have a Director Identification Number (DIN).
- Draft the MOA and AOA:
The Memorandum of Association (MOA) and Articles of Association (AOA) are the governing documents of your company. They set out the company's objectives, structure, and rules and regulations. You can get help from a lawyer to draft the MOA and AOA.
- File the documents with the ROC:
Once you have completed all the above steps, you can file the following documents with the Registrar of Companies (ROC):
- MOA and AOA
- DINs of the directors
- Proof of identity and address of the shareholders and directors
- Proof of the registered office address
- Proof of the initial investment
- Nominee consent form (if applicable)
Types of Private Limited Company
There are Three types of Private Limited Company In India
- Company Limited by Shares:
The liability of its members is limited to the amount unpaid on their shares. This means that if the company faces financial trouble, the personal assets of shareholders are generally protected.
- Company Limited by Guarantee:
In this type of company, the members' liability is limited to the amount they agree to contribute to the company's assets in the event of its winding up. Such companies are often used for non-profit or charitable purposes.
- Unlimited Company:
there is no limit to the liability of its members. This means that if the company faces financial difficulties, members could be liable for the company's debts to the full extent of their personal assets.
Here is a table that summarizes the key differences between the three types of private limited companies:
Feature |
Company Limited By Shares |
Company Limited By Guarantee |
Unlimited Company |
Liability of members |
Limited to the amount unpaid on their shares |
Limited to the amount guaranteed |
Unlimited |
Share capital |
Yes |
No |
No |
Ability to raise capital from the public |
No |
No |
Yes |
Number of members |
Minimum of two, maximum of 200 (excluding One Person Company) |
Minimum of two, maximum of 200 (excluding One Person Company) |
No limit |
Transferability of shares |
Freely transferable |
Subject to restrictions |
Not transferable |
Why Is it Important to Choose the Right Business Structure?
Choosing the right business structure is a critical decision for several reasons:
- Legal and Regulatory Business Compliance:
Each Business structure comes with its own set of legal and regulatory requirements. Properly understanding and adhering to these requirements is crucial for avoiding legal issues and potential penalties.
- Limited liability:
Some business structures, such as corporations and limited liability companies (LLCs), offer limited liability protection to their owners. This means that the owners' personal assets are not at risk if the business is sued or goes bankrupt.
- Taxation:
Each business structure has different tax implications. Selecting the right structure can optimize tax efficiency.
- Flexibility and Growth:
Some structures offer more flexibility for growth and expansion. If you anticipate significant growth, it's important to choose a structure that can accommodate changes in ownership, funding, and operations.
- Access to Funding:
Different structures have varying levels of access to funding options. Corporations, for instance, can easily raise capital by issuing shares to investors. This can be more challenging for sole proprietorships or partnerships.
Name and Capital of the Company
A company name is chosen through a creative process that is impacted by elements such as industry, target audience, and personal taste. A company's capital can fluctuate dramatically and is defined by the resources and investments required to start and run the business.
Private Limited Company Compliance
Private limited companies in India are required to comply with a number of legal and regulatory requirements. These compliances are designed to ensure that private limited companies are managed in a responsible and transparent manner.
Some of the most important compliances for private limited companies include:
- Auditor Appointments:
Every Indian firm must appoint a practising, certified, and registered Chartered Accountant (CA) within 30 days of its incorporation.
- Director DIN KYC:
Individuals with a Director Identification Number (DIN) must go through a DIN KYC process once a year. The DIN can be obtained during the company incorporation process. This aids in the verification of the phone number and email address on file with the MCA.
- Commencement of Business
Within 180 days of incorporation, the company's shareholders must deposit the subscription amount indicated in the MOA, and the firm must open a bank current account. As a result, in order to get a business incorporation certificate, shareholders of a company with a paid-up capital of one lakh must pay one lakh into the firm's bank account. They must also submit a copy of the bank statement to the MCA.
- MCA Annual Filings:
The MCA must get a copy of the financial statements from each firm registered in India every fiscal year. A corporation formed between January and March may choose to include the first MCA annual return in its annual filing for the following fiscal year. The MCA yearly return is comprised of Forms MGT-7 and AOC-4. Both of these documents must be digitally signed by the Directors and a functioning professional.
- Income Tax Filing:
Businesses must file an income tax return using form ITR-6 every fiscal year. Regardless of the date of formation, the company must file income taxes by the deadline for each fiscal year. The income tax return for the company must be digitally signed using the director's digital signature.
Requirements for Online Company Registration
There are a number of requirements that must be met before an company can get registered in India. These circumstances include the following:
- Directors and Members:
As mentioned earlier, a private limited company must have at least two directors and no more than 200 members in order to be registered legally in India. According to the 2013 Companies Act, this is a necessary criterion. The Directors shall comply with the following requirements:
- A DIN issued by the MCA should be carried by each director
- At least one of the directors must be an Indian resident, defined as having spent at least 182 days in India during the immediately preceding calendar year.
- The Business's Name:
There are two things to take into account while choosing a name for a private limited company:
- Name of the principal activity
- Private Limited Company
- Address of the registered office
The corporation should provide the company registrar with the permanent address of the business's registered office after completing the company registration process. The registered office is the main area where business is conducted and is where all company-related paperwork is kept.
- Getting Additional Documents:
Every firm must get a DSC in order to validate the legitimacy of papers supplied electronically. Additionally, the company requires the credentials of experts it hires for diverse activities, like secretaries, chartered accountants, and cost accountants.
Types of Business Structure in India
Here is a table that summarizes the key differences between the different types of business structures in India:
Feature |
Sole Proprietorship |
Partnership |
LLP |
Private Limited Company |
Public Limited Company |
One Person Company (OPC) |
Section 8 Company |
Number of owners |
One |
Two or more |
Two or more |
Two or more |
Two or more |
One |
Two or more |
Liability of owners |
Personal |
Personal |
Limited |
Limited |
Limited |
Limited |
Not liable for any debts or liabilities of the company |
Ability to raise capital |
Limited |
Limited |
Limited |
More flexible |
More flexible |
More flexible |
Not permitted to raise capital from the public |
taxation |
Owner is taxed on personal income |
Partners are taxed on personal income |
Partners are taxed on personal income |
Shareholders are taxed on dividends |
Shareholders are taxed on dividends |
Owner is taxed on personal income |
Not taxed |
Management |
Owner manages the business |
Partners manage the business |
Partners manage the business |
Board of directors manages the business |
Board of directors manages the business |
Owner manages the business |
Board of directors manages the business |
Document Required for Online Business Registration
The MCA require to register a private limited company in India, the proper identification and address data are required. The documentation you need for establishing a company in India is as follows:
Private Limited Company Registation Fees in India
Wealth4India offers complete services to the registration of private limited companies in India. A private limited company's registration price might change based on features including Authorized capital, state-specific criteria, and other incidental costs.
We suggest consulting with our experts to get an accurate assessment of the registration fees relevant to the scenario you have and state. They will assist you in fulfilling all criteria and guide you through the registration process.
Incorporation Certificate of Private Limited Company
The Incorporation Certificate of a Private Limited Company is an official document issued by the Registrar of Companies (RoC) upon successful registration of the company with the Ministry of Corporate Affairs (MCA) in India. This certificate serves as legal proof that the company has been duly incorporated and is recognized as a separate legal entity under the Companies Act, 2013.
The Incorporation Certificate typically contains the following information:
- Company Name and Registration Number:
The full name of the company as approved by the RoC and the unique registration number assigned to the company.
- Date of Incorporation:
The date on which the company is officially considered to be incorporated and legally established.
- Registered Office Address:
The official address of the registered office of the company as provided during the registration process.
- Business Objectives:
A brief description of the main objectives and activities that the company will engage in, as outlined in the Memorandum of Association (MOA).
- Directors' Information:
Names, addresses, and other details of the directors appointed at the time of incorporation.
The Incorporation Certificate is a crucial document that validates the existence of the company and provides it with legal status. It is required for various purposes, such as opening a bank account, obtaining business licenses, entering into contracts, and conducting business activities.
Importance of Company Registration Certificate
The Company Registration Certificate, also known as the Certificate of Incorporation, is a foundational and legally significant document that holds various important functions and benefits for a registered company.
Here's an overview of its importance:
- Legal Existence and Recognition:
The Company Registration Certificate signifies the legal existence of the company as a separate entity from its owners or shareholders. This recognition grants the company certain rights, obligations, and privileges under the law.
- Authorization for Commencement of Operations:
The certificate attests to the company's successful registered with the Registrar of Companies (RoC), granting it the right to begin operations.
formally begin services according to with the conditions specified in the MOA.
FAQS
Once the company is registered, it must fulfill a number of responsibilities. These include things like filing taxes, generating yearly reports, maintaining accurate accounting records, and complying to both employment and safety requirements.
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