What we do
Our work in this practice group is structured around the records, deadlines, and decisions involved:
- Separate legal identity from its shareholders.
- Limited liability protection subject to applicable law.
- Flexible shareholding structure for multiple owners.
- Suitable structure for raising capital and business expansion.
- Assistance with MCA incorporation procedures.
- Proper preparation of constitutional and incorporation documents.
- Post-incorporation compliance and statutory guidance.
How the engagement works
Private Limited Company incorporation is governed primarily by the Companies Act, 2013, applicable rules, notifications, and procedures prescribed by the Ministry of Corporate Affairs. Incorporation generally involves name reservation, obtaining required Digital Signature Certificates and Director Identification Numbers, preparation of the Memorandum of Association and Articles of Association, filing the prescribed incorporation forms and declarations, and obtaining the Certificate of Incorporation. Eligibility, documentation, fees, and filing requirements depend on the applicable provisions at the time of incorporation.
Scenario 1: Two or more entrepreneurs want to establish a formal company for a new business venture.
Scenario 2: A startup wants a corporate structure suitable for bringing in investors and issuing shares.
Scenario 3: An existing business wants to move from an informal or proprietorship structure to a Private Limited Company.
Scenario 4: A family-owned business wants a formal shareholding and management structure for long-term growth.
Scenario 5: A growing business wants professional assistance with MCA incorporation, documentation, and initial statutory compliance.
Business Structure & Eligibility Review
We understand the proposed business, promoters, directors, shareholders, capital structure, registered office, and business activities and assess the appropriate incorporation requirements.
Name Selection & Reservation
We assist with selecting a suitable company name and completing the applicable name reservation process through the MCA.
DSC & DIN Support
We assist with obtaining Digital Signature Certificates (DSC) through current Aadhaar-based e-KYC and video verification processes, alongside Director Identification Numbers required for the proposed directors.
Incorporation Documentation
We prepare and coordinate the Memorandum of Association, Articles of Association, declarations, consent documents, identity and address proofs, registered office documents, and other incorporation records.
MCA Incorporation Filing
We prepare and submit the applicable incorporation forms and supporting documents through the MCA portal and assist with clarification or resubmission requirements where applicable.
Post-Incorporation Compliance
We provide guidance on PAN and TAN, bank account opening, share capital, statutory registers, commencement-related filings, and other initial compliance requirements.
Step-by-step process
Step 1: Consultation & Business Structure
We understand the proposed business, promoters, shareholders, directors, capital structure, registered office, and incorporation objectives.
Step 2: Name & Document Collection
We assist with company name selection and collect KYC, registered office, director, shareholder, capital, and other documents required for incorporation.
Step 3: Incorporation Documentation
We prepare the constitutional documents, declarations, consent forms, incorporation forms, and other required records based on the proposed company structure.
Step 4: MCA Filing & Incorporation
We submit the incorporation application through the MCA portal and assist with clarification or resubmission requirements until the company is incorporated.
Step 5: Post-Incorporation Setup
After incorporation, we provide guidance on PAN, TAN, bank account opening, share capital, statutory registers, commencement-related filings, and ongoing compliance.
Key deliverables & outputs
General questions
01What is a Private Limited Company?
A Private Limited Company is a company incorporated under the Companies Act, 2013 with a separate legal identity and share-based ownership, subject to the applicable statutory requirements and restrictions.
02How many people are required to start a Private Limited Company?
A Private Limited Company generally requires at least two members and two directors, subject to the applicable Companies Act requirements. A director must also satisfy the statutory eligibility conditions.
03What documents are required for Private Limited Company registration?
Common documents include PAN and identity proof, address proof, photographs, registered office proof, utility bill, owner consent where applicable, director and shareholder details, declarations, and other documents prescribed by the MCA.
04How long does Private Limited Company incorporation take?
The timeline depends on name availability, document completeness, DSC and DIN requirements, MCA processing, and whether the application requires clarification or resubmission.
05What are the benefits of a Private Limited Company?
A Private Limited Company provides a separate legal identity, limited liability subject to applicable law, structured shareholding, continuity, and a framework that can support business expansion and external investment.
06Can a Private Limited Company raise investment?
Yes. Subject to the Companies Act, applicable securities laws, the company’s constitutional documents, and the terms of the investment, a Private Limited Company can issue shares and raise capital from eligible investors.
07Does a Private Limited Company have annual compliance requirements?
Yes. A Private Limited Company is required to comply with applicable annual filings, financial statements, statutory registers, income tax and GST obligations where applicable, and other corporate compliance requirements.