A Private Limited Company is a privately owned business entity formed for any lawful purpose under the provisions of the Companies Act, 2013 having minimum of two and maximum of two hundred members and the name of the company must end with the words ‘Private Limited’.
A company incorporated outside India seeking interest to start their operations in Gurgaon, India as a start-up structure can incorporate a private limited company with substantially relaxed and lesser compliance regime as compared to a public limited Company.
Private Limited Company
This is the most common and preferred Company structure in Gurgaon . The owners involved have limited liability upto the amount of their contribution and number of shares they own. Though there will be certain limitations on the ownership of the business as it is privately owned.
Public Limited Company
This type of Company structure can raise funds from Public and offers Limited Liability up to the shares it has offered to the general public. It is very diligently regulated and is required to comply with all the applicable provisions periodically without any negligence.
Limited Liability Partnership (LLP)
LLP is governed under the Limited Liability Partnership Act, 2008 read with allied Rules. It is an alternative corporate business form allowing the benefits of limited liability of company and flexibility of partnership. Its partners liability is limited their agreed contribution in LLP, unlike a unregistered partnership.
One Person Company (OPC)
One person company is a kind of private company and incorporated for any lawful purposes by a natural person. It is incorporated with one person only whether residing in India or otherwise, where the legal and financial liabilities are limited to the Company.
Section 8 Company (NGO)
Any person or association of person can register a company under section 8 of the Companies Act, 2013 as a limited company by obtaining a license from Central Government. Such type of Company is dedicated towards the social welfare of the society and the objects of such company shall be promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object
Note 1: In case of foreign directors/subscribers, all the aforesaid documents should be notarized and apostilled or consularized. In case documents are not in english, translated copy in english should be notarized and apostiled or consularized. please read the attestation requirements of documents below in FAQs
Note 2: *Draft will be provided by our team
Note 3: Following additional documents will be required in case the subscriber of the company to be incorporated is another company: â€¢ Copy of resolution passed by the subscriber company; â€¢ Certificate of Incorporation of the Subscriber Company.
The liability of each member or shareholders is limited. It means that if a company faces loss under any circumstances then its shareholders are not liable to sell their own assets for payment. Thus, the personal, individual assets of the shareholders are not at risk
The Company keeps on existing in the eyes of law even in the case of death, insolvency, the bankruptcy of any of its members. This leads to perpetual succession of the company. The life of the company keeps on existing forever.
As a juristic legal person, both the company and its members have separate legal identity that is distinct from each other.
Registering a Company will create goodwill and brand in eyes of public at large as compared to a sole proprietorship
1. Name Approval
The first and the foremost step in Registering a Company in India is reservation of name by filing SPICe+ Part A. The company is required to provide two names in order of preference. The names shall be supported with a rationale and objectives of the company to be pursued upon incorporation.
2. Obtaining DSC and DIN
A Digital Signature Certificate (DSC) is mandatory for all the persons who intends to become a Director or Subscribers of the proposed Company.
Director Identification Number (DIN): it is mandatory for every Director to obtain DIN before being appointed as Director. The SPICE + form provides an option to apply for maximum 3 DIN.
3. Filing of application with ROC
For incorporation of Company an application in Form SPICE+ B is submitted with the Registrar of Companies along with MOA, AOA and AGILE-PRO-S linked web form for obtaining ‘Certificate of Incorporation’
4. Certificate of Incorporation
Obtaining "Certificate of Incorporation" from Registrar of Companies.
At Companies Next we ensure that our clients receive the best services at all times, our team is made up of CAs, Lawyers, CS, IIM graduates, Actuaries, and other auxiliary personnel. Our professionals deliver hassle-free services to any industry using adaptable and personalised solutions. Our current procedure is constantly being improved, and we look for fresh approaches to do the same jobs. We pledge to expedite the completion of every assignment and provide our clients with a smooth experience.
Our Company Registration service include:
DSC of Subscribers and Directors
Company Registration fees and stamp duty
Certificate of Incorporation
Company’s PAN and TAN
Company's EPFO and ESIC Registration
Opening of Bank Account
Drafting of Memorandum and Articles of Association
Drafting of requisite declaration(s), consent letters, etc.
For setting up a private limited company, minimum of 2 and maximum of 200 shareholders are required. In addition, a minimum of 2 and maximum of 15 directors can be appointed by any private limited company.
There is no restriction on a Member of a Private Limited Company to be a Director of the same company or vice versa.
No, you are not required to be present at our office or appear at any office for the incorporation of a Private Limited Company. All the documents can be scanned and sent through email and the original hard copy can be couriered to our office.
Once a Company is incorporated, it will be active and in-existence until you liquidate it either by striking-off or winding up.
Investment by person resident outside India is prohibited in certain sectors namely:
Lottery business including Government/ private lottery, online lotteries;
Gambling and betting including casinos;
Chit funds (except for investment made by NRIs and OCIs on a non- repatriation basis);
Trading in Transferable Development Rights (TDRs);
Real Estate Business or Construction of Farm Houses;
Manufacturing of cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes. The prohibition is on manufacturing of the products mentioned and foreign investment in other activities relating to these products including wholesale cash and carry, retail trading etc. will be governed by the sectoral restrictions laid down in Regulation 16 of FEMA 20(R);
Activities/ sectors not open to private investment viz. atomic energy and railway operations;
Foreign technology collaboration in any form including licensing for franchise, trademark, brand name, management contract is also prohibited for Lottery business and Gambling and betting activities
The minor shall not be appointed as director of the company. He needs to be over 18 years of age and must be a natural person. Foreign nationals are also eligible to be a director in an Indian Private Limited Company provided that at least one of the directors shall be resident of India.
Yes, the office can be commercial / industrial / residential which is capable of receiving and acknowledging all communications and notices as may be addressed to it is required which can be shown as the registered office of the Company.
To incorporate a Company quickly, make sure the proposed name of the Company is very unique. Names that are similar to an existing company / limited liability partnership / trademark can be rejected and additional time will be required for re-submission of names.
DIN is a unique identification number assigned to all existing and proposed Directors of a Company. Before a person gets appointed as a Director, he must obtain a valid DIN. DIN never expires and a person can possess only one DIN.
Permanent Account Number (PAN) is a ten-digit alphanumeric number, issued by the Income Tax Department of India as a proof of identification for tax purposes. It is required for obtaining Digital Signature Certificate, opening bank accounts, various statutory registrations, to pay taxes and filing tax returns and many other transactions as prescribed by the government from time to time. It is mandatory for a company incorporated in India to obtain a PAN.
A Digital Signature Certificate (DSC) establishes the identity of the signee electronically while filing documents. The Ministry of Corporate Affairs (MCA) mandates that e-form(s) submitted on the MCA portal are digitally signed using DSC.
Yes. It is mandatory for all the new companies incorporated w.e.f 23rd February, 2020 to obtain EPFO and ESIC registration.
Yes. All the new companies are required to apply for opening the company’s bank account through the Form AGILE PRO.
No. Registration for Professional Tax is mandatory only in respect of new companies incorporated in the State of Maharashtra w.e.f 23rd February 2020.