DOCUMENT REQUIRED

Under the Companies Act, 2013, registering a Private Limited Company requires submitting various documents to the Ministry of Corporate Affairs (MCA). Below is the complete list of documents you need to prepare for a hassle-free registration process:

 

1. Documents for Directors and Shareholders

A. Identity Proof

• For Indian Citizens:
  → PAN Card (mandatory)
• For Foreign Nationals:
  → Passport (Notarized and Apostilled, if outside India)

B. Address Proof

Any one of the following:

• Aadhaar Card
• Voter ID
• Passport
• Driving License

The address proof must be recent (not older than 2 months).

C. Photograph

• Passport-sized photograph of all directors and shareholders.

 

2. Documents for Registered Office

A. Proof of Address

Any one of the following documents:

• Recent Utility Bill (Electricity, Water, or Gas Bill)
• Property Tax Receipt
• Sale Deed (if owned property)

B. Rent Agreement and NOC

• Rent Agreement (if the registered office is on rented premises).
• No Objection Certificate (NOC) from the property owner allowing the use of the premises as the company’s registered office.

Registering a Private Limited Company in India is a streamlined process governed by the Companies Act, 2013. Follow these step-by-step instructions to register your company:

 

Step 1: Obtain Digital Signature Certificates (DSC)

• All proposed directors and shareholders must have a Digital Signature Certificate (DSC) to sign electronic forms.
• Apply for a DSC from a government-authorized certifying agency.
• Required Documents:
  → PAN Card (for Indian citizens) or Passport (for foreign nationals)
  → Aadhaar Card, Voter ID, or Driving License
  → Passport-sized photograph

 

Step 2: Apply for Director Identification Number (DIN)

• Director Identification Number (DIN) is mandatory for all proposed directors.
• You can apply for DIN through the SPICe+ form during the registration process.
• Required Documents:
  → Proof of identity (PAN Card/Passport)
  → Proof of address (Aadhaar Card, Utility Bill, etc.)

 

Step 3: Reserve a Unique Company Name

• Use the RUN (Reserve Unique Name) service or the SPICe+ form on the MCA portal to reserve your company’s name.
• Ensure the name:
  → Complies with the Companies Act, 2013.
  → Is unique and not identical to an existing company or trademark.
• You can propose up to 2 names for approval.

 

Step 4: Prepare MOA and AOA

• Memorandum of Association (MOA): Defines the company’s objectives and scope of operations.
• Articles of Association (AOA): Details the rules and regulations for the company’s management.
• Both documents must be signed by the shareholders and witnessed by a professional (CA/CS/Lawyer).

 

Step 5: File SPICe+ Form for Registration

The SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) form is a single integrated form for:

• Company incorporation
• Name reservation
• DIN allotment
• PAN and TAN application

Complete the form with the following details

• Company name
• Director and shareholder details
• Registered office address
• MOA and AOA upload

 

Step 6: Submit Required Documents

Upload the following documents while filing the SPICe+ form:

• Identity and address proof of directors and shareholders
• Proof of registered office (Electricity Bill/Property Tax Receipt/Rent Agreement and NOC)
• DSC for all directors and shareholders

 

Step 7: Pay Fees and Stamp Duty

• Pay the applicable registration fees and stamp duty online.
• Fees depend on the company’s authorized capital and the state of registration.

 

Step 8: Verification and Approval by MCA

• The Registrar of Companies (ROC) reviews the application and documents.
• If everything is in order, the ROC approves the registration and issues the Certificate of Incorporation.

 

Step 9: Receive Certificate of Incorporation

• The Certificate of Incorporation contains your company’s Corporate Identification Number (CIN) and serves as legal proof of registration.
• Along with the certificate, you’ll also receive your company’s PAN and TAN.
  Step 10: Post-Registration Compliance
  After incorporation, ensure compliance with the following:
• Open a company bank account.
• Register for GST (if applicable).
• Comply with TDS, PF, and ESI requirements (if applicable).
• File annual returns and financial statements.

A Private Limited Company in India is required to follow several legal and regulatory compliances under the Companies Act, 2013 and other applicable laws. Staying compliant not only avoids penalties but also enhances the credibility and reputation of your business. Here’s a complete list of compliances every Private Limited Company must adhere to:

 

1. Appointment of Auditor

• Every Private Limited Company must appoint a qualified auditor within 30 days of incorporation.
• File Form ADT-1 to notify the appointment of the auditor to the Registrar of Companies (ROC).

 

2. Conducting Board Meetings

• Hold the first Board Meeting within 30 days of incorporation.
• Conduct at least 4 board meetings every year, ensuring not more than 120 days gap between two meetings.
• Maintain proper minutes of these meetings.

 

3. Annual General Meeting (AGM)

• Conduct an Annual General Meeting (AGM) once every financial year.
• The first AGM must be held within 9 months from the end of the financial year, and subsequent AGMs must be held within 6 months from the end of the financial year (but not later than 15 months from the previous AGM).

 

4. Filing of Annual Returns (Form MGT-7)

• File the Annual Return (Form MGT-7) with the ROC within 60 days of the AGM.
• This includes details about the company’s shareholders, directors, and changes during the year.

 

5. Filing of Financial Statements (Form AOC-4)

• Submit the company’s financial statements (including Balance Sheet and Profit & Loss Statement) in Form AOC-4 within 30 days of the AGM.

 

6. Income Tax Return

• File the company’s Income Tax Return (ITR-6) annually by 30th September of the assessment year.
• Ensure TDS compliance for payments made to employees, contractors, or other vendors.

 

7. Maintenance of Statutory Registers

• Maintain statutory registers, such as:
  → Register of Members
  → Register of Directors and Key Managerial Personnel (KMP)
  → Register of Charges
  → Register of Loans, Investments, and Contracts

 

8. GST Compliance (If Applicable)

• If the company is registered under GST, file the following GST returns:
  → GSTR-1 (Monthly or Quarterly, as applicable)
  → GSTR-3B (Monthly or Quarterly, as applicable)
  → GSTR-9 (Annual GST return)

 

9. Tax Deducted at Source (TDS) Compliance

• Deduct and deposit TDS on payments such as salaries, rent, and professional services.
• File quarterly TDS returns in Form 24Q and Form 26Q.

 

10. Payroll Compliance

• Comply with payroll-related laws such as:
  → Provident Fund (PF)
  → Employees’ State Insurance (ESI)
  → Professional Tax (if applicable in your state)

 

11. Director-Related Compliance

• Ensure directors file their Director KYC (Form DIR-3 KYC) annually.
• Directors must disclose their interest in other companies in Form MBP-1.

 

12. Filing of Form DPT-3 (Return of Deposits)

File Form DPT-3 annually to disclose details of loans, deposits, and advances taken by the company.

 

13. Commencement of Business Certificate

Newly incorporated companies must file a declaration in Form INC-20A within 180 days of incorporation, confirming the commencement of business.

 

14. Event-Based Compliance

Companies must also file specific forms for event-based activities, such as:

• Form PAS-3: Allotment of shares
• Form SH-7: Change in authorized capital
• Form DIR-12: Change in directors
• Form INC-22: Change in registered office

 

15. CSR Compliance (If Applicable)

• If the company’s net worth, turnover, or net profit exceeds the prescribed limits, it must spend 2% of its average net profit on Corporate Social Responsibility (CSR) activities.

 

Penalties for Non-Compliance
Non-compliance with statutory requirements can result in heavy penalties, fines, and legal consequences for the company and its directors. Regular adherence to these compliances ensures smooth operations and builds trust among stakeholders.

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