Private Company is a simple and popular way of doing business in India as
compared to any other form of business is because the person has to look
into various matters while choosing the form of business as objects of
the proposed business, likely number of members, amount to be invested,
a scale of operations, state control, legal requirements, tax
implications, advantages of one form of business over another, etc. And
if we talk about Private Limited Company, it gives all of the things
which a common entrepreneur needed. A Private Company is a company
started with minimum 2 members and which can be maximum to 200.
A Private Limited Company enjoys various Legal rights as compared to any other form of Business Entity.
The benefits of Private Limited Company are,
It can be started with only two members.
A Private company is a Separate Legal entity in the eyes of Law.
A Company is having characteristics of Perpetual Succession.
A Private Limited Company provides a Provision of Limited Liability.
Being a Separate Legal; Entity, A Private Company has capacity to sue and be sued.
Being a Separate Legal Entity, A Private Limited Company owns any Property in its Name.
A Private Limited Company has better opportunities to raise funds from
various sources as compared to any other form of Business Entity.
Obtain DSC & DIN
DSC: Digital Signature Certificates (DSC) are the digital equivalent (that is electronic format) of physical or paper certificates. Examples of physical certificates are drivers' licenses, passports or membership cards. Certificates serve as proof of identity of an individual for a certain purpose; for example, a driver's license identifies someone who can legally drive in a particular country. Likewise, a digital certificate can be presented electronically to prove your identity, to access information or services on the Internet or to sign certain documents digitally. Like physical documents are signed manually, electronic documents, for example, e-forms are required to be signed digitally using a Digital Signature Certificate.
DIN: It is an unique Identification Number allotted to an individual who is an existing director of a company or intends to be appointed as director of a company.
Before filing the actual Incorporation documents with the ROC, we need to be sured about the name of the Proposed Company, whether the applicant will be able to get the name or not.
So, we need to Reserve our Proposed Company name with the ROC, Which we do with filing of the form INC-1.That Reserved name of the company is valid for 60 days from the day you get its registered.
Drafting of MOA & AOA
Is the document that reveals the name, registered office address, aims and objectives of the company, clause about its limited liability, share capital, minimum paid up capital etc. MOA also gives information about its first shareholders including the number of shares subscribed by them. MOA is one document that tells people all about the company and its relationship with the outside world. Though it is essential to
submit MOA with the registrar when a company is being formed, it does
not find mention in the constitution of the company. Subsequent to an
amendment added in 2006 Companies Act, it is no longer mandatory to
include the details about name, address, objectives and first
shareholders names. Hence there is no restriction upon a company to
engage in a particular business.
AOA: Articles of Association, also simply referred to as Articles, are necessary to be submitted during incorporation of a company with the registrar of companies. When Articles are taken in conjunction with MOA, they form what is called as the constitution of the company. Articles are also called the internal Constitution of the company.
Filing E-form with ROC
After Name Approval & Drafting of MOA & AOA, now we needs to file INC-7 (Form for incorporation of the Private Limited company) which includes all the declarations, Affidavits, etc from Director and Subscriber as well.
3-4 days of filing the Incorporation form with the ROC, ROC gives its
remark over the Incorporation. If ROC founds that all things are in
order and as per the standard, then ROC issues Certificate of Incorporation.
On the other hand if ROC found something missing, then they send the form for Re-submission, and after completing of Re-submission of the form, ROC provides Certificate of Incorporation. But, once the form goes in Re-submission, it takes 3-4 days extra.
It takes 5-6 days for name Approval and 5-6 days for Incorporation approval after name approval, if ROC founds everything is in order, otherwise 5-6 days will more be considered. Totally, it takes 15-20 working days of Incorporation of the company.
DIN for two Director or Owner
DSC for two Director or Owner
MOA and AOA
ROC (Registrar of Companies) Registration Certificate
PAN & TAN of Company