Company Registration in India - How to register a company in India?

There are 4 types of companies that any person can register in India. Its very important to select a right kind of structure to fulfil all your objectives. The 4 types if companies are:

  • 1. Private Limited Company
  • 2. Limited Liability Partnership
  • 3. One Person Company
  • 4. Proprietorship

The basic difference between the 4 structures are :


Private Limited company Limited Liability Partnership One Person company Proprietorship

Features

  • If you want to raise funds, this is the only option
  • This is the most credible structure
  • Can raise investment and is preferred by investors
  • Can issue ESOPs
  • Can issue equity and preference shares
  • If you do not want to raise funds then this is a good option
  • Better than a normal partnership firm
  • Less compliances
  • Completely online
  • If you want to form a private limited and you do not have any partners
  • Generally, not recommended if not planning to raise funds
  • This is a simplest form of business structure
  • You should go for this if you do not want to add partners or raise investments
  • Cost
    Rs 8999 all inclusive for Private Limited company Rs 7999 all-inclusive for LLP Rs 7999 all-inclusive for OPC Rs 2499 all-inclusive for LLP

    Time Taken to register

    9 days 10 days 9 days 2 days

    A nnual Compliance Cost

    The compliance cost of Private Limited Company with a turnover of Rs 20 lakhs is Rs 18000/annum The compliance cost of Limited Liability Company with a turnover of Rs 20 lakhs is Rs 7000/annum The compliance cost of One Person Company with a turnover of Rs 20 lakhs is Rs 18000/annum The compliance cost of Private Limited Company with a turnover of Rs 20 lakhs is Rs 5000/annum
    Steps and Documents

    Steps to register a Private Limited Company:

    Apply for digital signatures of directors and shareholders

    Apply for Name of the company

    Fill in form SPICE + , E-MOA and E-AOA

    Submit the forms

    Steps to register a Limited Liability Partnership:

    Apply for digital signatures of partners

    Apply for Name of the company

    Fill in form LLPIN

    Submit LLP form 3

    Steps to register a One Person Company:

    Apply for digital signature of director and shareholder

    Apply for Name of the company

    Fill in form SPICE + , E-MOA and E-AOA

    Submit the forms

    Steps to register a Proprietorship:

    Apply for Udyam registration

    Apply for GST registration





    What is Private Limited Company?

    Private Limited Company is most suited for fast growing companies wanting to raise funds. It is the most credible structure of doing a business in India. Private Limited company can be registered in 10 working days. Once registered the government issues a certificate of incorporation which is the basic document. After registration you just need to open a bank account, deposit the share capital and commence your business. The private limited company can be registered any where in India and it can do business anywhere irrespective of its registered address. The basic requirements are as follows:

    • Minimum 2 directors (can be relatives).
    • 2 Shareholders (can be same as directors).
    • There is no minimum capital required.

    We can assist you with company registration anywhere in India including Pune, Mumbai, Bangalore, Hyderabad and Chennai. Private Limited Company registration in Bangalore will be most suitable for a startup engaged in IT, artificial intelligence etc. Bangalore is known to be silicon valley of India. The best human resources for IT can be found in Bangalore.

    Private Limited Company registration in Mumbai is most suitable for startups engaged in Fintech. Most of the corporate offices of banks are based out of Mumbai.



    Steps to register a private limited company in India

    In 2018, the MCA changed the process of incorporating a private limited company.

      1. Name Approval

    • The latest Reserve Unique Name (RUN) allows to apply for the name of the company. 2 options can be applied at once. Another section of the MCA allows to check the details of existing companies
    • Name approval can also be sought while filing the SPICe (INC-32) form. This process requires the certification (apostille) of the following documents:

      2. Create a digital signature certificate

    • A digital signature certificate (DSC) as the name suggests is the digital signature. Its a completely online process and takes 1 day to obtain a signature from Certifying Authorities (CAs).
    • All directors and shareholders of the company should obtain a DSC, which is valid for a maximum of two years.

      3. Director Identification Number (DIN)

    • Every director of a company must obtain an eight digit DIN. An individual is allowed to possess only one DIN, even if he/she is a director in multiple entities.
    • DIN is valid for lifetime and cannot be changed. Since 2019 everyone holding a DIN has to file DIR 3 KYC every year to keep the DIN active.
    • Since 2018, a maximum of three proposed directors may apply for DINs by submitting the Simplified Proforma for Incorporating Company Electronically (SPICe form INC-32) online..
    • 4. SPICe Form (Spice Part B, Agile, E MOA and E AOA)

    • Spice Form is an extremely detailed online form covering all the details like director and shareholder details, address of the proposed company, object of the company etc.
    • It requires 11 documents to be attached at the time of filing.
    • Form No. INC-33 provides the electronic format of the Memorandum of Association which outlines the charter of a company.
    • Form No. INC-34 provides the electronic format wherein applicants input their Articles of Association (internal regulations of the company)..
    • Upon approval, the Registrar of Companies (RoC) assigns a company with a 21 digit Corporate Identity Number (CIN)..
    Can a Private Limited Company be registered under Startup India Scheme? Is it exempt from Income tax?
    • Yes a Private Limited company can be registered under Startup India Scheme. The only condition is that it should not be a foreign subsidiary and the services or product should be innovative.
    • For claiming tax exemption the company must be registered under startup India scheme. After registering it should then apply for tax exemption on the portal. The approval for tax exemption is given by inter ministerial board and may take upto a year for approval. Only 5% recognised startups get the tax exemption approval.




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