Introduction

A Private Limited Company is the most relevant and caught on type of business structure in India, suitable for small and medium scale businesses. However, the total number of members in Private Limited companies cannot exceed the maximum limit of 200.

Once the registration of such companies is done, a separate legal existence is attained by a business organization which means a registration gives a business – an individual legal identity independent of the company’s directors and shareholders. This implies the continuation of the company’s existence even after the death of any member of the company. This makes the registration of a Private Limited company as an important job. For Private Limited company registration, one must go to professionals or visit MCA online portal.

Companies Act, 2013 lays down the law for Private Limited companies and the Ministry of Corporate Affairs is the regulatory body for the registration of these companies.

Advantages

•  Limited Liability Protection to Director's personal assets
•  Better image & credibility
•  Easy to raise funds and loans
•  Best Mode for Startups
•  Favorite Business structure for Investors

Minimum Requirements

•  Minimum Two Directors
•  Minimum Two Members
•  No Minimum Capital Required
•  Maximum Fifteen Directors
•  One Director shall be Indian resident

Reasons to Register a Private Limited Company

• Easy Transferability
• Limited Liability
• Perpetual succession
• Improves credibility

Requirements for Incorporation of a Private Limited Company

Companies Act, 2013 has listed the following requirements for the incorporation of a Pvt. Ltd. company

• Passport size photo
• DIN (Director identification no.)if any
• DSC (Digital signature certificate) of all directors
• Minimum 2 DirectorsNote– One Director must be Indian Resident
• PAN Card - [ Self-attested PAN Card of Members and Directors. ]
• Identity Proof of Directors
  [ Self-attested ID proof of Members and Directors- (Anyone out of the following -Valid Passport/Voter ID/Aadhar Card/Valid Driving License) ]
• Address Proof
  [ Self attested Address proof of the Members and Directors (Any one out of the following - Bank Statement/ Electricity Bill/ Telephone Bill/ Mobile Bill which and it should be not older than 2 months ]
• Business Address Proof (Rented/Leased)
  [ If proposed Registered Office is taken on Lease – NOC from Landlord/Lease Agreement/Utility Bill (Either Electricity Bill or Mobile Bill or Telephone Bill) (Should Not be Older than 2 Months) ]
• Business Address Proof(Owned)
  [ If the proposed Registered Office is not taken on Lease – NOC from the Owner of Property/Property Papers (Title Deed)/Utility Bill (Either Electricity Bill or Mobile Bill or Telephone Bill) (Should Not be Older than 2 Months) ]

Basic Information Required

• Authorized and Paid-up Share Capital of the Proposed Company and Number of Shares Subscribed by Members.
  Explanation: A Company can be commenced with any amount of capital. There is no need for a minimum capital amount.
• Place of Birth and Duration of Stay of Members and Directors at Present Residential Address.
• Occupation of Members and Directors.
• Proposed Object/Business of the Proposed Company.
• Educational Qualification of Members and Directors.
• Email IDs and Contact Number of Members and Directors.

Process of Private Limited Company Registration in Gorakhpur

The Ministry of Corporate Affairs vide its notification dated 18th February 2020 effective from 23rd February 2020 has further amended the Companies (Incorporation) Rules, 2014 thereby substituting the old Form INC-32 (SPICe) with web service SPICe+ along with certain other amendments.

Changes As Per The Amendments Introduced Recently

• No need to mention SRN
  

  There is no need to mention SRN for names reserved in Part A of SPICE+ as the same will be automatically displayed while filing Part B after filing of Part A.

• Mandatory Registration for ESIC and EPFO
  Registration for ESIC and EPFO has been made mandatory for all new companies that are incorporated w.e.f 23rd February 2020.
• Mandatory Registration for Profession Tax
  Registration for Profession Tax is made mandatory for all new companies incorporated in Maharashtra state, w.e.f. 23rd February 2020.
• Mandatory Application for opening a bank account
  Application for opening of a bank account is made mandatory for all new companies incorporated w.e.f 23rd February 2020 the same application shall be filed through the AGILE-PRO linked web form.
• Declaration of Company’s Subscribers and First Directors in PDF form & e-submission
  Declaration of all Subscribers and First Directors of the Company which is currently being filed in Form INC-9 will be automatically generated in pdf format and shall be submitted only through Electronic form in all cases, except in case:
  • No. of subscribers and/or directors is more than 20.
  • Any of the subscribers and/or directors don’t have DIN and PAN.
• Mandatory Use of e-MoA (INC-33) & e-AoA (INC-34)
  It is mandatory to use e-MoA (INC-33) and e-AoA (INC-34) in case the number of subscribers is up to 7 and in the following scenarios:
  • Individual subscribers are Indian nationals
  • individual subscribers who are foreign nationals only in case they valid DIN and DSC and also submit proof of a valid business visa
  • Non-individual subscribers based in India.
  Physical copies of MoA/AoA must be signed and attached if in case non-individual first subscribers are based outside India or individual foreign subscribers do not possess a valid business visa or any other scenario which are as follow:

  S. No.	Cases	Forms to be filed
  1.	Non-Individual first subscriber based outside India	SPICe+ (INC-32) with apostille MOA and AOA as attachments
  2.	Non-Individual first subscriber based in India	SPICe+ (INC-32) with linked filing of e-MOA (INC-33) and e-AOA (INC-34)
  3.	Indian National being Subscriber other than Director	SPICe+ (INC-32) with linked filing of e-MOA (INC-33) and e-AOA (INC-34)
  4.	Indian National being Subscriber-cum-Director	SPICe+ (INC-32) with linked filing of e-MOA (INC-33) and e-AOA (INC-34)
  5.	Foreign National being Subscriber other than director having valid DIN	SPICe+ (INC-32) with linked filing of e-MOA (INC-33) and e-AOA (INC-34) along with Valid Business Visa to be submitted. In case Business Visa is not available, apostille MOA and AOA shall be attached and in such cases, e-MOA (INC33) and eAOA (INC-34) are NOT acceptable.
  6.	Foreign National being Subscriber-cum-Director having valid DIN	SPICe+ (INC-32) with linked filing of e-MOA (INC-33) and e-AOA (INC-34) along with valid Business Visa to be submitted. In case Business Visa is not available, apostille MOA and AOA shall be attached and in such cases, e-MOA (INC33) and e-AOA (INC-34) are NOT acceptable.
  7.	Foreign National being Subscriber-cum-Director not having valid DIN	SPICe+ (INC-32) with apostille MOA and apostille AOA as attachments.

  In all the above-mentioned cases, the maximum number of subscribers allowed shall be 7 for filing of SPICe+ form. Wherever the number of subscribers exceeds 7, SPICe+ form shall be filed with MoA and AoA as attachments.
• Filing of Statutory Return
  Companies newly incorporated through SPICE+ and who have obtained EPFO/ESI number will have to file Statutory Return only if the prescribed threshold limit has been exceeded.