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π Private Limited Company Incorporation in India (or similar systems)
1. Meaning of Private Limited Company
A Private Limited Company (Pvt Ltd) is a type of privately held business entity.
Owners have limited liability to their shares.
It restricts the number of shareholders (usually up to 200).
It cannot publicly trade shares.
π Steps for Incorporation
Step 1: Obtain Digital Signature Certificate (DSC)
Required for all proposed Directors.
Documents needed:
Passport-sized photo
PAN Card
Address proof (Aadhaar, Passport, Voter ID, etc.)
Step 2: Apply for Director Identification Number (DIN)
Every Director must have a DIN (can apply during SPICe form filing now).
Step 3: Name Approval (RUN service)
Suggest two names in order of preference.
Names should comply with Companies Act, 2013 (no resemblance with existing company names, trademarks, etc.).
Registrar of Companies (RoC) approves the name.
Step 4: Drafting of Incorporation Documents
Memorandum of Association (MoA): Main objectives of the company.
Articles of Association (AoA): Internal rules and regulations.
Step 5: Filing for Incorporation (SPICe+ Form)
The SPICe+ (Simplified Proforma for Incorporating Company electronically) form includes:
Company incorporation
DIN allotment
PAN and TAN allotment
EPFO, ESIC, Professional Tax Registration
Bank Account Opening
Required documents:
Proof of registered office address
Utility bills (electricity bill, water bill)
Identity proofs of Directors and shareholders
Step 6: Certificate of Incorporation (CoI)
Issued by RoC after successful verification.
Contains CIN (Corporate Identification Number).
π Post-Incorporation Compliance (Initial)
Opening of Bank Account
In the name of the company (mandatory for business operations).
Capital Injection
Shareholders must deposit subscription money into the bank.
Issue Share Certificates
Within 60 days of incorporation.
Appointment of Auditor
Appoint a Chartered Accountant (CA) within 30 days.
Commencement of Business Form (INC-20A)
File within 180 days (after bank account is active and subscription money deposited).
π‘ Annual and Event-Based Compliances
TypeDetailsAnnual ROC Filings- Form AOC-4: Filing Financial Statements
- Form MGT-7: Filing Annual ReturnBoard MeetingsMinimum 2 board meetings per year (for small companies).AGMAnnual General Meeting: Within 6 months from end of financial year.Income Tax Return (ITR)Mandatory even if there is no income.Statutory RegistersMaintain Registers (Members, Directors, Charges, etc.).Event-Based ComplianceWhenever changes happen (e.g., change in Directors, Registered Office, Shareholding). Must inform RoC.Accounting RecordsMust be maintained as per Companies Act & Accounting Standards.
π Advantages of Private Limited Company
Limited Liability Protection
Separate Legal Entity
Easier to raise funds (VCs, Angel Investors prefer Pvt Ltd structure)
Greater credibility
Perpetual Succession
β οΈ Penalties for Non-Compliance
Heavy penalties and fines for late filings.
Directors may be disqualified if continuous non-compliance.
π Summary Checklist
Task Timeline
Obtain DSC and DINBefore Incorporation
Name ReservationBefore Filing SPICe+
File SPICe+ FormIncorporation Phase
Open Bank AccountAfter CoI
File INC-20AWithin 180 days
Appoint AuditorWithin 30 days
File AOC-4, MGT-7Every year
Hold AGMEvery year