How do I register a private limited company in India?

Registering a Private Limited Company (PLC) in India is a structured process governed by the Ministry of Corporate Affairs (MCA). This process involves several steps, each requiring specific documentation and compliance with legal norms. Here’s a detailed guide on how to register a Private Limited Company in India:

Obtain Digital Signature Certificate (DSC)

The first step in the registration process is to obtain a Digital Signature Certificate for all proposed directors and shareholders. A DSC is necessary for signing electronic documents during the registration process. The following documents are required for DSC:

• Proof of identity (PAN card for Indian nationals, passport for foreign nationals)

• Proof of residence (bank statement, utility bills not older than two months)

• Passport-sized photograph

Obtain Director Identification Number (DIN)

Every individual intending to become a director of the company must obtain a Director Identification Number (DIN) as part of the Company Registration process. Documents required include:

• Proof of identity (PAN card mandatory for Indian nationals)

• Proof of residence (Aadhar card, passport, voter ID, or driving license)

• Passport-sized photographs

• DIN application form (DIR-3)

Name Reservation

The next step is to reserve the company name. This is done by submitting the RUN (Reserve Unique Name) form on the MCA portal. You can propose up to two names for approval, and the MCA will approve one based on availability and compliance with naming guidelines.

 Incorporation Documents Preparation

Once the name is approved, the following documents must be prepared and submitted for incorporation:

• Memorandum of Association (MOA): Outlines the company’s objectives, scope, and structure.

• Articles of Association (AOA): Details the internal rules and regulations governing the company.

• Form INC-32 (SPICe): A single application for company incorporation, DIN allotment, and name reservation.

• Form INC-33 and INC-34: E-MOA and E-AOA for electronic filing of MOA and AOA.

• Form INC-9: A declaration by the first subscribers and directors.

Registered Office Verification

You must provide proof of the registered office within 30 days of incorporation. Documents required include:

• Utility bill (electricity, water, gas) not older than two months

• Rent agreement (if the office is rented)

• No Objection Certificate (NOC) from the property owner

Submission and Payment

All prepared documents must be uploaded to the MCA portal, and the necessary registration fees must be paid online. The MCA scrutinizes the documents and, if everything is in order, issues the Certificate of Incorporation (COI).

Post-Incorporation Compliance

After obtaining the COI, certain post-incorporation compliance activities must be completed:

• Apply for a Permanent Account Number (PAN) and Tax Account Number (TAN) for the company.

• Open a bank account in the company’s name.

• Register for Goods and Services Tax (GST), Employee State Insurance (ESI), and Provident Fund (PF) if applicable.

Conclusion

Registering a Private Limited Company in India involves meticulous planning and adherence to legal requirements. By following these steps, companies like JustStart can ensure a smooth and efficient registration process, laying a solid foundation for their business operations.