How to Incorporate a Private Limited Company? A Step-by-Step Guide

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If you own a company or work in the same field, this article about “Incorporate a Private Limited Company” can really help clear your mind.

Introduction

One of the basic steps to start your business is to incorporate it under the companies act 2017 as private limited companies are governed by the Companies Act, 2013 under the Ministry of Corporate Affairs (MCA). 

Company incorporation protects from personal liability and other risks, improves credibility, and attracts more customers.

Review a step-by-step guide of incorporating private limited companies, but before that, know the basic requirements.

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Basic Requirements

  1. Minimum 2 directors and a maximum of 15
  1. Minimum 2 shareholders
  1. Minimum 1 director shall be an Indian resident.
  1. Digital signatures of subscribers and directors
  1. No minimum capital requirement.
  1. Director Identification Number (DIN), if available.

Steps to How to register a company?

Step 1: Obtain DIN of proposed directors

DIN is an 8-digit Identification number for directors. It is as unique as a PAN Card to any person and is applied and allotted once in a lifetime. Proposed directors for an already existent company are to fill the DIR3 form while concerning new organizations. They will render the application for the classification of DINs for the planned first directors in the form of SPICe. 

A passport-size photograph, a self-attested address proof copy, and a PAN card copy of DIN are the documents needed for DIN.

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Step 2: Obtain DSCs of subscribers

The Digital Signature Certificate is a protected digital key validating the identity of the issuer of the certificate. DSCs are required to sign the documents electronically as the forms are also to be filled online. It is proposed that the subscribers and witnesses will affix their digital signatures to the e-MOA and e-AOA. 

The records required for DSC are ID proof, organizational PAN card, address proof, proof of Attesting Officer, Partnership deed, GST certificate. 

 Step 3: Verify the company’s name availability.

As the firm has a stand-alone identity, it is important to have a name for it. Until applying, the availability of names must be reviewed as the name must be unique to all companies. 

  May also retain its intended name via the RUN web service or the SPICe (INC-32) form.

RUN (Reserve Unique Name) is easy for any current company to use. While reserving unique names for businesses, RUN makes only two proposed names and one re-submission (RSUB). 

Another way to apply for the proposed name is through SPICe(INC-32). While you can add only one name to this type, there is a second chance without any further charges for re-submissions

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 Step 4: Draft e-MOA & e-AOA of the firm

E-MoA or electronic Memorandum of Association is responsible for reflecting the charter of the organization. It defines its relationship with shareholders. E-AoA or electronic Articles of Association shall be responsible for the containment of the organization’s internal rules and regulations. It characterizes its relationship with investors and defines the objectives for which the business has been founded. All forms are permitted to be digitally signed by subscribers of the Memorandum of Association and Articles of Association.

Step 5: File SPICe Form – INC 32 

E-form SPICe (INC-32) manages a single framework for name reservations, organizational mergers, and additional DIN classification applications, as well as PAN and TAN applications. This e-form will be followed by supporting documents that provide information on directors and endorsers, MoA and AoA, and so on.

When the e-form is prepared and completed, the organization gets registered, and CIN (Corporate Identification Number) is circulated. Similarly, the proposed directors who do not have a valid DIN are given DINs. This organized form to apply the DIN allocation when integrating an entity is taken into account by a maximum of three directors. Similarly, PAN and TAN will be distributed to the company.

Step 6: File form INC 35 or form AGILE with RoC for GST, ESIC, and EPFO registration in one go. 

AGILE e-form, also referred to as Form INC-35, involves three primary registrations, GSTIN, EPFO, and ESIC, required for the business. Companies will be automatically enrolled in GST, EPFO, and ESIC in one go by filing the AGILE e-form along with the SPICE incorporation form. The Director shall sign the AGILE E-form. The company director who signed the SPICe form needs to sign the AGILE E-form.        

Step 7: Get the PAN, TAN, COI, GSTIN, Establishment Code & Employer code of the organization.

After the SPICe and AGILE e-Forms are prepared and completed, the proposed company will be enlisted under the Companies Act of 2013 and assigned a CIN. will equip the business and the GSTIN, the base code under the EPFO, and the Employer Code under the Workers State Insurance Corporation with PAN and TAN.

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Build your private entity with no minimum capital and build credibility by incorporating it efficiently through following all the above steps. The company achieves the status of a distinct lawful entity after incorporation. 

The steps to incorporation might be overwhelming, but with legal experts’ help, it is easy to deal with all the procedures. Enjoy the benefits of a registered private limited company.

In India, Vakilsearch is the company’s leader and incorporates a new company every 9 minutes: PVT ltd company registration. Hope you loved reading “Incorporate a Private Limited Company”

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