Practical guide for professional and young entrepreneurs who is willing to learn “How to form Private Limited company in India?”. All the aspect are covered if you are searching for what details and documents are required to get a Incorporation certificate for your Private Limited Company.
Let’s start Step by step Guide on How to incorporate Private Limited Company? ( based on professional experience of 50 plus companies)
Step :1 Decide minimum two unique name for your company
This is most common but needs attention to decide which name represent companies business. Also verify their is no website or trademark is applied or granted on it.
Option 1: You can check it on MCA21( Registrar of Companies Website) : Visit www.mca.gov.in —> MCA Services —> Company E – Filing —> Incorporation and Changes —> Spice e+ form for Name Reservation.(Refer attach form A format for details required)
To reserve your name for company you need to file a form which reserve the name for certain period after it’s get the approval from the ROC.
Option 2: You can check it online thorough browser or AI by typing your desired name.
Option 3: You can search it on official Trade Mark site : http://tmrsearch.ipindia.gov.in/tmrpublicsearch/ by entering word and class and captcha.
Step :2 Verify Pan Link with Aadhar for all the Directors and Shareholders.
List of KYC Documents required for all Directors cum Share Holders: Pan Card, Aadhar Card, Voter ID, Driving License, Passport first and last page copy (if available), Passport size Photo, Light bill (Home address not older than 2months), Latest date bank statement.
Some times Pan card and Aadhar card is not linked. Due to this reason Digital Signature Certificate (DSC) process is not completed. For director who will likely to be appointed in new company required valid DIN. If company has person who will be appointed for the first time as a director requires DSC to complete the signing and appointment process.
Without DSC all the form filing process is incomplete. And you need to wait for Pan and Aadhar Linking process needs to be completed.
Step :3 Valid and active digital signature certificate of all the directors
All the directors needs valid class 3 Digital Signature Certificate(DSC) Token readily available for signing and approval. If 1 or more director does not have DSC Token than first of all apply for it and than proceed further.
Step :4 Companies mail Id and Mobile Number is required.
Separate Mobile number and Email is mandatory for company incorporation. If not available make sure responsible person provide it for proceed further.
Step :5 Place of Business is required.
Supporting documents are required for incorporation of private limited company like Light Bill, Tax Bill, any other utility bill which has pin code. Sometimes improper place of business document is provided than your application is gets rejected.
If property is rented than rent agreement or NOC from the owner is required. Rent agreement is not mandatory as name of the company is not confirmed and company is not formed.
once you receive incorporation certificate than you can prepare rent agreement in the name of the company. No Objection Certificate(NOC) is simple one pager form which is not required to be notarized. NOC is signed by owner of the premise for granting permission.
Step :6 Filing form relating to Incorporation a company
Visit: https://www.mca.gov.in/content/mca/global/en/home.html and file required form post login. It is simple form which required basic company law knowledge.
After name approval, you proceed with the final incorporation filing:
- SPICe+ Part B: This is the main application form for incorporation and includes details like the registered office address, director details, capital structure, and more.
- e-MoA (INC-33) & e-AoA (INC-34): The electronic Memorandum of Association (MoA), which defines the company’s objectives and scope, and the Articles of Association (AoA), which govern internal rules, are drafted and submitted along with the SPICe+ form.
- AGILE-PRO-S (INC-35): This form is filed simultaneously and facilitates the mandatory applications for:
- Permanent Account Number (PAN)
- Tax Deduction and Collection Account Number (TAN)
- Employees’ Provident Fund Organisation (EPFO) registration
- Employees’ State Insurance Corporation (ESIC) registration
- Opening of a Company Bank Account
- Goods and Services Tax (GSTIN) (Optional, recommend to apply separately)
- All forms must be digitally signed by the directors/subscribers using their DSCs. Sometimes your company incorporation is delayed due to non approval of GSTIN so apply it separately after you get the incorporation certificate.
Receive Certificate of Incorporation
- Upon verification and approval by the Registrar of Companies (RoC), the MCA will issue the Certificate of Incorporation (COI).
- The COI is conclusive proof of the company’s registration and includes the company’s Corporate Identification Number (CIN), PAN, and TAN.
Stay tuned for more updates.