Incorporating a Limited Company (Ltd Company) in India involves several key steps and legal requirements, similar to those for a Private Limited Company (Pvt Ltd). Below are the basic requirements and steps involved in incorporating a Ltd Company:
Minimum Requirements:
a. Shareholders:A Ltd Company must have a minimum of two shareholders (individuals or entities).
b. Directors: At least two individuals must act as directors of the company, one of whom should be an Indian resident.
c. Capital: There is no minimum capital requirement for a Ltd Company.
Name Reservation:
Choose a unique name for your Ltd Company and check its availability. The name should comply with the naming guidelines specified by the Ministry of Corporate Affairs (MCA). It should not resemble an existing Accounting Vakil or violate any trademarks.
Memorandum of Association (MoA) and Articles of Association (AoA):
Draft the MoA and AoA, which outline the company's objectives, rules, and regulations governing its operations. The MoA specifies the company's main objects, while the AoA defines internal management and operational procedures.
Digital Signature Certificate (DSC) and Director Identification Number (DIN):
Obtain DSC for all proposed directors and apply for DIN, which is mandatory for directors of a company.
Application for Incorporation:
Prepare the necessary documents, including MoA, AoA, DSCs, and DINs, and file the application for incorporation of the Ltd Company with the Registrar of Companies (ROC) through Form SPICe (Simplified Proforma for Incorporating Company Electronically).
Certificate of Incorporation:
Once the ROC processes the application and verifies compliance with the Companies Act, 2013, they issue a Certificate of Incorporation, officially establishing your Ltd Company.
PAN, TAN, and Bank Account:
Obtain a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for your company. Open a bank account in the name of the Ltd Company and deposit the initial share capital as specified in the MoA.
GST Registration (if applicable):
Depending on your business activities, register for Goods and Services Tax (GST) if your Ltd Company meets the GST registration criteria.
Compliance Support:
After incorporation, ensure compliance with regulatory requirements, filing of annual returns, maintenance of statutory registers and records, tax compliance, conducting board meetings, and other corporate governance obligations.
Seek professional advice and guidance from legal and financial experts familiar with Ltd Company regulations to ensure a smooth and compliant incorporation process.
Lets have look at our interpersonal thoughts to know us more