Company Registration is the most common and suitable form of entity for
carrying out business in India with a long term objective. Pvt
Ltd Company Registration is
Incorporated and Governed by the Indian Companies Act 2013. Company Formation is
a Purely Separate Legal entity distinct from its members and directors. The
business under this structure can be done by making investment through the
equity shares in the Company. It has the advantage of limited liability,
greater stability and recognition. The Basic Requirement for a in Company
Incorporationis to have Minimum Two Directors and
Two Shareholders.
·
These are closely held
businesses usually by family, friends and relatives.
·
Private companies may issue
stock and have shareholders Their shares need not be traded on public exchanges
and are not required to be issued through an initial public offering.
·
Shareholders may not be able
sell their shares without the agreement of the other agreement of the other.
ADVANTAGE
- LIMITED LIABILITY: If the company experience financial distress
because of normal business activity, the personal assets of shareholders/owners
will not be at risk of being seized by creditors.
- SEPARATE LEGAL
ENTITY: A company is a legal
entity and a juristic person established under the Act. Therefore a
company has legal capacity to own property and incur debts. The members (Shareholders/Directors)
of a company have no liability to the creditors of a company for such
debts
- CONTINUITY OF
EXISTENCE: The existence of
company cannot be affected by owners. They may come, change and go but the
company will run until it is legally dissolved. A company, being a
separate legal person, is unaffected by the death or other departure of
any member but continues to be in existence irrespective of the changes in
membership.
- MINIMUM NUMBER OF
SHAREHOLDERS : The Minimum
Members need to start the business are only2.
- SCOPE OF EXPANSION
IS HIGHER: A company has
various options for borrowing of funds. It can raise funds by issuance of
shares, debentures etc. Even banking and financial institutions prefer to
render large financial assistance to a company rather than partnership
firms or proprietary concerns.
- EASY
TRANSFERABILITY OF OWNERSHIP: The Ownership(shares) of Company is easily transferable by a
shareholder to any other person after Filing and signing a share transfer
form at any price mutually agreed between both. Therefore, the Capital
infused can be taken back easily
- OWNING PROPERTY: A company being a legal person, can acquire, own,
enjoy and alienate, property in its own name. No shareholder/director can
make any claim upon the property of the company so long as the company is
a going concern.
- CAPACITY TO SUE AND
BE SUED: The company being legal
person has full right like a natural person to institute legal proceedings
against or to bring a suit in a court of law and also can be sued in its
own name.
- MULTIPLE
RELATIONSHIPS: In a company a
person can at the same time be a shareholder, creditor, director and also
an employee of the company.
- Requirement of
minimum capital of Rs. 1Lac is removed by amendment under Companies Act,
2013.
Documnets Required
- One copy of PAN
Card of all the proposed directors.
- One copy of ADDRESS
PROOF(Aadhar Card) of all the proposed directors.
- Copy of Bank
Account Statement/Electricity Bill/Mobile Bill of all the
proposed directors.
- Passport size 2 Photographs of
all the proposed directors.
- Duly signed DSC
Form of all directors of the proposed company.
- Copy
of current Electricity Bill/Water Bill/House Tax etc.
for the premises proposed to be used as registered office of the
Company.
- If the property is
rented, then Rent Agreement and NoC from owner of property.
Directors Detail:
- Educational
Qualification of all the Directors.
- Profession/Occupation
of all the directors with area of Operation
- Citizenship
alongwith Residential Status of all the Directors
- Place of
Birth of all the Directors
- Permanent &
Present Residential Status of all the Directors
- Contact
Numbers of all the Directors
- Email Ids of
all the Directors
New Company RegistrationDetail
:
- Preference wise Proposed
names of the Company with Significance of the name
- State in which Company is
to be registered.
- Authorized and Paid Up
capital of the Proposed Company
- Main Object of the
Proposed Company
- Division of paid Up
capital among the Subscribers.
- Number of Proposed
Directors
- Number of Proposed
Shareholders
- Whether the promoters are
carrying on any Partnership firm, sole proprietary or unregistered entity
in the name as applied for?
- Whether the proposed
name(s) contain(s) name of any person other than promoter(s) or their
close blood relatives.?
- Whether the proposed
name(s) include(s) the name of relatives?
What You Get
- Unique Director
Identification Number(DIN) for Life time.
- Digital Signature Certificates (DSC)
- Reservation the Name for
your Company
- Certificate of
Incorporation.
- Rubber Stamp of the
Company
- PAN Card and Tan Number
of the Company.
- Proper Incorporation File
- Bank account Opening
Documents
- Draft Copies of MOA &
AOA.
- GST Registration
Faq’s
Answer: A Pvt Ltd Company Registration
India is incorporated and governed by the Indian Companies Act 2013.
Private Limited Companies is the most common and suitable form of entity for
carrying out business in India with a long term objective. Private Limited
Company Formation is a purely separate legal entity distinct from its members
and directors. The business under this structure can be done by making
investment through the equity shares in the company. It has the advantage of
limited liability, greater stability and recognition. The basic requirement for
a private Limited Company in India is to have minimum two directors and two
shareholders.
2).What are The
Benefits or advantages to work as a private limited company?
Answer: The Private
company advantage of limited liability, separate legal entity,
greater stability, recognition, continuity of existence, minimum number of
shareholders, scope of expansion is higher, easy transferability of ownership,
owning property, capacity to sue and be sued and multiple relationship.
Answer:There are two
ways of company
Incorporation in India.
- Through Normal Mode.
- Through Fast Approval.(INC-29)
Answer:Through Normal
Mode. It usually takes 10-15 days after receipt of all the necessary Documents,
The breakup of the Number of days is as follows
Through Fast Approval- It usually takes 4-5
days after receipt of all the necessary Documents.
5).What are the
Charges for Incorporating a Company?
Answer:Fees for the
incorporation decide on company capital, state and total number of directors.
6).How many
Persons are required to incorporate a company?
Answer: The Minimum
number of 2 persons are required to incorporate a company.
- Legally minimum 2 directors are required and 2 shareholders are
required.
- These two persons can act in both capacity as directors and as
shareholders.
7).What is the
difference between Directors and shareholders?
Answer: In simple
words,
Director is the
person who takes the responsibility to run the business and manages the day to
day business of the company. Generally are the managers or agents of the actual
owners of the company who act in fiduciary (trustworthy) position. Only
individual persons can become directors.
Shareholders are the
owners of the company who invest their monies in the company. Shareholders get
part in the profits of the company in the form of dividend. They aren't
responsible for the day-to-day management of the company, but they do have
voting rights with which they can affect the decisions of the company. Any
individual, company or other entity can become shareholder.
8).What is DIN?
Answer: Director
Identification Number (DIN) is a unique identification number for an existing
director or a person intending to become the director of a company. it is valid
for the lifetime.
9).What is DSC?
Answer:Digital Signature
Certificates (DSC) are the digital equivalent (that is electronic
format) of physical or paper Sign. Certificates serve as proof of identity of
an individual for a certain purpose. A Class 2 digital signaturecan be presented
electronically to prove your identity, to access information or services on the
Internet or to sign certain documents digitally. Its valid for maximum 2 years.
10).What is the
validity of Certificate of Incorporation Issued by the ROC?
Answer: Once a
Certificate of Incorporation is issued by the ROC, it is valid for the lifetime
of the company unless it goes for winding up.
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