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A Private Limited Company is the most relevant and caught on type of business structure in India, suitable for small and medium scale businesses. However, the total number of members in Private Limited companies cannot exceed the maximum limit of 200.
Once the registration of such companies is done, a separate legal existence is attained by a business organization which means a registration gives a business – an individual legal identity independent of the company’s directors and shareholders. This implies the continuation of the company’s existence even after the death of any member of the company. This makes the registration of a Private Limited company as an important job. For Private Limited company registration, one must go to professionals or visit MCA online portal.
Companies Act, 2013 lays down the law for Private Limited companies and the Ministry of Corporate Affairs is the regulatory body for the registration of these companies.
Companies Act, 2013 has listed the following requirements for the incorporation of a Pvt. Ltd. company.
Note– One Director must be Indian Resident
Self-attested PAN Card of Members and Directors.
Self-attested ID proof of Members and Directors- (Anyone out of the following -Valid Passport/Voter ID/Aadhar Card/Valid Driving License)
Self attested Address proof of the Members and Directors (Any one out of the following – Bank Statement/ Electricity Bill/ Telephone Bill/ Mobile Bill which and it should be not older than 2 months
If proposed Registered Office is taken on Lease – NOC from Landlord/Lease Agreement/Utility Bill (Either Electricity Bill or Mobile Bill or Telephone Bill) (Should Not be Older than 2 Months)
If the proposed Registered Office is not taken on Lease – NOC from the Owner of Property/Property Papers (Title Deed)/Utility Bill (Either Electricity Bill or Mobile Bill or Telephone Bill) (Should Not be Older than 2 Months)
The Ministry of Corporate Affairs vide its notification dated 18th February 2020 effective from 23rd February 2020 has further amended the Companies (Incorporation) Rules, 2014 thereby substituting the old Form INC-32 (SPICe) with web service SPICe+ along with certain other amendments.
The first step is to make an application for reservation of name which shall be reserved by using the web services (SPICe+) available at www.mca.gov.in along with the specified fees. Before Applying for the name, kindly check that the name is available on MCA as well as no trademark. Is there no such name under the Class of work you are going to apply.
The new integrated form consists of two parts i.e. PART A and Part B. The Name(s) of a company can be reserved in Part A of SPICe+. In case the applicant wants to apply for name, incorporation, and other integrated services together, he can do so together by filling necessary information in Part A and Part B.
The second step is to fill the Part B of SPICe+ for registering the Company. The said form contains various sections that allow you to save and modify information if required.The new integrated form consists of two parts i.e. PART A and Part B. The Name(s) of a company can be reserved in Part A of SPICe+. In case the applicant wants to apply for name, incorporation, and other integrated services together, he can do so together by filling necessary information in Part A and Part B.
The third step is to convert the SPICe+ form into a pdf form in order to affix the DSC.
After affixing the DSC the form is required to upload on the Ministry of Corporate Affairs in accordance with the existing process.
Declaration of all Subscribers and first Directors of the company which is currently being filed in Form INC-9 will be automatically generated in pdf format and shall be submitted only through Electronic form in all cases, except in case:
a) The no. of subscribers and/or directors is more than 20.
b) Any of the subscribers and/or directors do not have DIN and PAN
There is no need to mention SRN for names reserved in Part A of SPICE+ as the same will be automatically displayed while filing Part B after filing of Part A.
Registration for ESIC and EPFO has been made mandatory for all new companies that are incorporated w.e.f 23rd February 2020.
Registration for Profession Tax is made mandatory for all new companies incorporated in Maharashtra state, w.e.f. 23rd February 2020.
Application for opening of a bank account is made mandatory for all new companies incorporated w.e.f 23rd February 2020 the same application shall be filed through the AGILE-PRO linked web form.
Declaration of all Subscribers and First Directors of the Company which is currently being filed in Form INC-9 will be automatically generated in pdf format and shall be submitted only through Electronic form in all cases, except in case:
a. No. of subscribers and/or directors is more than 20.
b. Any of the subscribers and/or directors don’t have DIN and PAN.
It is mandatory to use e-MoA (INC-33) and e-AoA (INC-34) in case the number of subscribers is up to 7 and in the following scenarios:
Physical copies of MoA/AoA must be signed and attached if in case non-individual first subscribers are based outside India or individual foreign subscribers do not possess a valid business visa or any other scenario which are as follow:
| S. No. | Cases | Forms to be filed |
| 1. | Non-Individual first subscriber based outside India | SPICe+ (INC-32) with apostille MOA and AOA as attachments |
| 2. | Non-Individual first subscriber based in India | SPICe+ (INC-32) with linked filing of e-MOA (INC-33) and e-AOA (INC-34) |
| 3. | Indian National being Subscriber other than Director | SPICe+ (INC-32) with linked filing of e-MOA (INC-33) and e-AOA (INC-34) |
| 4. | Indian National being Subscriber-cum-Director | SPICe+ (INC-32) with linked filing of e-MOA (INC-33) and e-AOA (INC-34) |
| 5. | Foreign National being Subscriber other than director having valid DIN | SPICe+ (INC-32) with linked filing of e-MOA (INC-33) and e-AOA (INC-34) along with Valid Business Visa to be submitted. In case Business Visa is not available, apostille MOA and AOA shall be attached and in such cases, e-MOA (INC33) and eAOA (INC-34) are NOT acceptable. |
| 6. | Foreign National being Subscriber-cum-Director having valid DIN | SPICe+ (INC-32) with linked filing of e-MOA (INC-33) and e-AOA (INC-34) along with valid Business Visa to be submitted. In case Business Visa is not available, apostille MOA and AOA shall be attached and in such cases, e-MOA (INC33) and e-AOA (INC-34) are NOT acceptable. |
| 7. | Foreign National being Subscriber-cum-Director not having valid DIN | SPICe+ (INC-32) with apostille MOA and apostille AOA as attachments. |
In all the above-mentioned cases, the maximum number of subscribers allowed shall be 7 for filing of SPICe+ form. Wherever the number of subscribers exceeds 7, SPICe+ form shall be filed with MoA and AoA as attachments.
Companies newly incorporated through SPICE+ and who have obtained EPFO/ESI number will have to file Statutory Return only if the prescribed threshold limit has been exceeded.
Contact us today to explore how we can support you in fulfilling your taxation requirements.
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