HOW TO REGISTER A PRIVATE LIMITED COMPANY?

1. HOW TO REGISTER A PRIVATE LIMITED COMPANY? Step 1: Procure Digital Signature Certificate: The first and foremost step is to procure the DSCs of the Personnel involved in ​Private Limited Company ​Incorporation in India. The requirement of DSSCs arises for filling of e-forms on the online portal of MCA as the Ministry has prescribed for online registration procedure for company incorporation and other applications. Digital Signature Certificates, commonly known as DSC are issued by the Certifying Authority in token form and are valid for 1 or 2 years.

2. The personnel involved in company formation in India are Subscribers and Directors for the proposed company. The Subscriber is a person who is the promoter of the company and proposed shareholders. The said shareholders are required to file e-MOA and e-AOA by affixing DSCs whereas proposed directors shall obtain DIN by making an online application in the next step. List of Documents for ​Digital Signature Certificate​: Passport size photograph of applicant; Self-attested Address proof of applicant; and Self-attested PAN card of applicant. ● ● ● Step 2: Obtain Director Identification Number Director Identification Number (DIN) is a unique number assigned by the Ministry of Corporate Affairs to the individual making an application for allotment of DIN. The number is allotted for lifetime by the Ministry unless it is surrendered or withdrawn. The directors of the company shall obtain and intimate the DIN while the Private Ltd company incorporation​. Hence, obtaining DIN is mandatory to be appointed as Director in any Company. The Director Identification Number obtained can also be used for appointment for any other company and appointment as Designated Partner in the ​LLP​.

3. What are the documents required for application of DIN? Passport size photograph of applicant; Self-attested Address proof of applicant; and Self-attested PAN card of applicant. ● ● ● Step 3: Reservation of Name Before making an application to incorporate and register Pvt Ltd Company in India, the name for the proposed company shall be reserved. An Application for Reservation of Name of Private Limited Company shall be made in e-Form INC – 1 by making payment of requisite fees. In one application you may provide maximum 6 names in preferential order along with the significance for application for proposed name(s). The appointed professional shall make a search for availability of name before filling the application so that the applicant can make application of the names accordingly. The Registrar enjoys 100% discretion for approval of name application. The person shall make an application for name approval considering the provisions laid down by the Act. Further, following general practices are adhered to choose and apply the name: The name should be easy to spell and remember; The name shall be able to provide a distinct identity to the company; It should be short & simple; The name should not contain any word as opposed to public policy or prohibited; It should not infringe any ​Trademark registered nor shall be similar or identical to any company/ LLP registered. ● ● ● ● ●

4. As stated above, the application for name reservation can be made with maximum 6 names, out of which the registrar may approve any one name or may ask to provide additional names with remarks. Once the application made is approved, the registrar shall reserve the same name for a period of 60 days. The promoters in guidance with the Professional shall make the application for incorporation of company within the prescribed period of 60 days, failing to which the name reserved shall lapse and therefore fresh application shall be made for reservation of name for further period of 60 days. Step 4: Certificate of Incorporation After reservation of the name for the proposed company by submitting form INC – 1, the application for issuance of Certificate of Incorporation shall be made. The application for online registration for company is also required to be made by online submission of ​Simplified Proforma for Incorporating Company Electronically i.e. SPICe forms. Drafting MoA & AoA

5. Both MoA and AoA are charter documents for a Private Limited Company. MoA stands for Memorandum of Association of company and AoA is an abbreviated form of Articles of Association. Memorandum of Association​​of Company A prescribes the scope of operations of company by enumerating the main object and activities of the company. Whereas the Articles of Association provides in what manner the operations and administration shall be carried on. Both documents having vital importance shall be drafted very carefully after consultation of Professional. The memorandum and Articles of the company shall also be filed in SPICe forms along with application for company formation and registration in India. The subscription to MoA and AoA shall be made by affixing ​DSCs of subscribers in electronic form. Documents to accompany the Application Utility Bill and NOC from the owner for the ​Registered Office address​ of the Company; Rental Agreement​ with receipts, if premises is rented; Consent to act as a​​Director​ of the company in form DIR – 2; Affidavit and declaration​ by first subscriber(s) and director(s) in form INC – 9 (duly franked and notarized); Certified True copy of the self-attested ​Identity proof​ of the first subscriber(s) and director(s). ● the owner of registered office & Rent ● ● ● ●

6. The application is submitted by ​paying the requisite Government Fees and Stamp Duty​ as applicable in case of concerned state on the portal. The application and allotment of PAN and TAN are also processed with the same application. On incorporation in SPICe forms, the Registrar to his satisfaction may issue the Certificate of Incorporation under his seal and signature in electronic form. The ​Certificate of Incorporation (CoI)​ issued incorporation as well as the ​Permanent Account Number (PAN)​ of the company. review and verification of the application made for certificate of will include the date of Start your Business Now! On receipt of Certificate of Incorporation, the Private Limited Company comes into existence in the eyes of law. The promoters and directors may now commence the operations and business activities in the name of the company. Also, the amount of subscribed and paid-up share capital shall be deposited in the Current Account in the name of the company. The details of incorporation and directors of the company will be available on MCA portal under Master Data of the ​Private Limited Company​. In addition, the

7. details and documents of the company will also be accessible by the public through payment of fees prescribed. Conclusion: The registration of Pvt Ltd Company in India can be processed with ease by consultation of a Practising Professional. Further, after the online ltd company incorporation, the promoters and directors are required to maintain the active status of the company by compliance with the provisions of the company by filing the annual returns and forms as prescribed by Indian Companies Act, 2013.