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PRIVATE LIMITED COMPANY IN INDIA

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Presentation on theme: "PRIVATE LIMITED COMPANY IN INDIA"— Presentation transcript:

1 PRIVATE LIMITED COMPANY IN INDIA
PRIVATE LIMITED COMPANY IN INDIA Vinay Gupta Director Company India Advisors Private Ltd Mobile: Company India Advisors Private Ltd COMPANY INDIA ADISORS

2 Company India Advisors Private Ltd
What is PRIVATE LIMITED COMPANY? A private limited company is the company, which arranges its funds from the owners and the relatives of the owners of the company only and not from outsiders. A company whose ownership is private. As a result, it does not need to meet the strict Securities and Exchange Commission filing requirements of public companies. Company India Advisors Private Ltd COMPANY INDIA ADISORS

3 Company India Advisors Private Ltd
Requirements of setting a Private Limited Company in India CAPITAL REQUIREMENT The minimum authorized share capital or the minimum funds requirement for setting a private company in India is (INR) Rs. 1,00,000 Company India Advisors Private Ltd COMPANY INDIA ADISORS

4 Company India Advisors Private Ltd
MINIMUM MEMBERS The minimum number requirement in case of Private Limited Company id TWO Company India Advisors Private Ltd COMPANY INDIA ADISORS

5 WHO ARE DIRECTORS FOR THE PRIVATE LIMITED COMPANY?
DIRECTORS….. WHO ARE DIRECTORS FOR THE PRIVATE LIMITED COMPANY? The directors are the major group of stakeholders of the company. The directors are the persons who handle the operations of the company . COMPANY INDIA ADVISORS COMPANY INDIA ADISORS

6 LEGAL POSITION OF THE DIRECTOR
The Legal Status of the director The director occupies the position of a: As a Trustee- In relation to the company As Agents- When they act o n behalf of the company As Managing Partner-As they are entrusted with the responsibility of the company COMPANY INDIA ADVISORS

7 COMPANY INDIA ADVISORS
Qualification Shares In case there is requirement as per the AOA for the director is bound to buy qualification shares If acts are done by the director prior to he or she being disqualified, the acts are considered to be valid. COMPANY INDIA ADVISORS

8 MINIMUM NUMBER OF DIRECTORS Company India Advisors Private Ltd
MINIMUM NUMBER OF DIRECTORS The minimum number of directors for a Private Company are TWO. Company India Advisors Private Ltd COMPANY INDIA ADISORS

9 Company India Advisors Private Ltd
Time Limit To Incorporate….. The time for incorporating a private limited company is near about 15 to 16 days….. Company India Advisors Private Ltd

10 Company India Advisors Private Ltd
How to Incorporate Private Limited Company in India? Selection of type of the company. Selection of name for the proposed company. Apply for Directors Identification Number and Digital Signatures. Drafting of Memorandum and Articles of Association. Company India Advisors Private Ltd COMPANY INDIA ADISORS

11 Company India Advisors Private Ltd
Stamping, digitally signing and e-filing of various documents with the Registrar. Payment of Fees. Obtaining Certificate of Incorporation. Preparation and filing of Prospectus/Statement in lieu of Prospectus and e-Form 19/20 (in case of public companies) for obtaining the certificate of commencement of business. Company India Advisors Private Ltd COMPANY INDIA ADISORS

12 COMPANY INDIA ADVISORS
Name Guidelines Company Act India specify that certain words are important like India, Global, World, Industry etc and authorized capital norms are difference for the company having such special word in the name of the company COMPANY INDIA ADVISORS

13 The Companies Act has the following features:-
Separate legal entity Incorporated body Artificial legal person Perpetual succession Limited liability Common seal Company is separate legal entity distinct from its shareholders. It is an important feature of the company form of business, that there is a gap between the ownership and control over the affairs of the company. Company India Advisors Private Ltd COMPANY INDIA ADISORS

14 Company India Advisors Private Ltd
Right to sue Right to enter in to contracts Flexibility of investment Separation of control from the ownership Right to own property Company India Advisors Private Ltd

15 Company India Advisors Private Ltd
Procedures Digital Signatures Director Information Number Board Meetings Annual General Meetings Annual Filing of Forms Yearly Forms by Directors Maintenance of statutory register & minutes book Company India Advisors Private Ltd

16 Company India Advisors Private Ltd
What is a Digital Signature Certificate (DSC)? Digital Signature Certificates are electronic format of physical signatures. DSC can be presented electronically to access information or services on the Internet, to prove the identity or to sign certain documents digitally. DSC requirement? 16th September 2006 all the documents required to be filed with ROC have to be filed on portal of Ministry of Corporate Affairs at using Digital Signature Certificate. Company India Advisors Private Ltd

17 Company India Advisors Private Ltd
DIN…..? No person can be appointed as a Director without getting a DIN. The compliance can be quite an irritant for foreign residents, as all the documents need to be notarised. If the documents are not in English then translated version along with the original documents need to be notarised. Company India Advisors Private Ltd

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Board Meetings 1. Periodicity of the Board Meetings 2. Interval between two Board Meetings 3. Day of holding meeting 4. Time of holding Board meetings 5. Place for holding Board Meeting Company India Advisors Private Ltd

19 Board meetings minutes
Classification of minutes Minutes can be classified into the following three types on the kind of meeting to which they relate:- Minutes of Board meetings Minutes of meetings of committee of the Board Minutes of General meetings Company India Advisors Private Ltd

20 Company India Advisors Private Ltd
GENERAL MEETINGS Periodicity of the Board Meetings 2. Interval between two Board Meetings 3. Day of holding meeting 4. Time of holding Board meetings 5. Place for holding Board Meeting Company India Advisors Private Ltd

21 Company India Advisors Private Ltd
Minutes -- Meaning The term ‘minutes’ though not defined in the Companies Act, 1956, may be considered as a written record of proceedings of a meeting of any Company duly kept in pursuance of the law. Company India Advisors Private Ltd

22 Company India Advisors Private Ltd
Minutes -- Meaning The term ‘minutes’ though not defined in the Companies Act, 1956, may be considered as a written record of proceedings of a meeting of any Company duly kept in pursuance of the law. Company India Advisors Private Ltd

23 Company India Advisors Private Ltd
Annual Filing of Forms There are a number of annual forms that need to be filed besides the annual financials. The information is quite detailed and talks about shareholdings, directors, financials, etc. All these forms are required to be certified by a practicing Chartered Accountant or practicing Company Secretary Company India Advisors Private Ltd

24 Company India Advisors Private Ltd
THANK YOU Vinay Gupta Director Company India Advisors Private Ltd Mobile: Company India Advisors Private Ltd

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