The Ministry of Corporate Affairs (MCA) vide Notification dated 27.7.2016, The Companies (Incor...
If you wish to start a business in India, then you can choose to register a private limited company is the best option for you. in this article, we will discuss the steps for forming a Private Limited Company as well other factors you should know before registering a company in India.
The Companies Act, 2013 details provisions for the incorporation of various types of companies, which can be broadly classified into three main categories, i.e, Private Company, Public Company, and One Person Company. These are further categorized on the basis of the limited and unlimited company. The Company Act specifies different requirements in terms of members, directors, capital, liability, etc. for the incorporation of different types of companies. Based on these requirements, one can choose the type of entity he/she intends to incorporate.
As a Startup founder, there should intention to keep the management control of the company within limited hands, to invite capital contribution from few, and the profits shall also be shared among few, the type of company to be formed should be a Private Company. It is different from the one person company due to the fact that the latter is being formed, managed and operated by only one person, while the former requires at least two members and two directors. The maximum number of members in the private company is also limited to 200. On the other hand, there is no restriction on the number of members in the public company, the minimum being seven. Public limited company registration is not preferred if you are planning to raise a venture fund.
Ease of formation, limited compliance, and limited capital contribution make a private company a lucrative option to carry on business.
If the promoters are assured about fulfilling the above criteria in respect of the formation of a private company, then the procedure to incorporate shall be undertaken.
The last stage in Private Limited Company Registration procedure is to File SPICe or INC 32/ RUN for incorporation along with the following mandatory attachments:
File form SPICe MOA and SPICe AOA for the Articles and Memorandum respectively. And, get the Certificate of Incorporation from the ROC in Form No. INC 11 indicating the name, CI, and PAN of the newly incorporated company.
Once the online company registration is done with the ROC, the promoters shall ensure registration under any other applicable laws depending upon the operations which the company undertakes like service tax, sales tax, etc.
In conclusion, it shall be kept in mind that a company, which duly complies with all the rules and regulations applicable, shall be a successful entity in the long run.