Description
Private Limited Company-Gujarat
Formation Process of a Private Limited Company in Gujarat
1. Obtaining Director Identification Numbers (DINs):
- DIN Application: All proposed directors of the company need to obtain a DIN. This can be done online through the Ministry of Corporate Affairs (MCA) portal.
- Required Documents:
- PAN Card
- Aadhaar Card
- Passport-sized photograph
- Address proof
2. Digital Signature Certificates (DSCs):
- DSC Application: Directors need to obtain DSCs to digitally sign incorporation documents.
- Required Documents:
- PAN Card
- Aadhaar Card
- Passport-sized photograph
- Address proof
3. Name Approval:
- Name Reservation: Submit a name application to the Registrar of Companies (RoC) through the MCA portal.
- Name Suggestions: Provide multiple name suggestions to increase the chances of approval.
- Name Availability Check: The RoC checks for name similarity and availability.
4. Incorporation Process:
- SPICe+ Form: File the SPICe+ form (INC-32) with the RoC. This form incorporates various forms and declarations, including:
- Memorandum of Association (MoA): Outlines the company’s objectives and powers.
- Articles of Association (AoA): Defines the internal rules and regulations of the company.
- Declaration of Directors
- Declaration of Compliance with the Companies Act, 2013
- Undertaking for Non-Conversion to Public Company
- Undertaking for Minimum Capital Subscription
- Required Documents:
- PAN Card and Aadhaar Card of directors
- Passport-sized photographs of directors
- Address proof of the registered office
- No-Objection Certificate (NOC) from the property owner
- Stamp duty payment receipt
- Digital signatures of directors
5. Certificate of Incorporation:
- Issuance: Upon successful verification, the RoC issues a Certificate of Incorporation. This marks the official birth of the company.
Post-Incorporation Compliance:
- Opening a Bank Account: Open a current account in the company’s name.
- Obtaining Tax Identification Number (TAN): Apply for a TAN to comply with tax regulations.
- Goods and Services Tax (GST) Registration: Register for GST if the company is involved in taxable supplies.
- Professional Tax Registration: Register for professional tax in the state where the company operates.
- Employee Provident Fund (EPF) and Employees’ State Insurance (ESI) Registration: Register for EPF and ESI if the company has employees.
Additional Considerations:
- Share Capital: Determine the authorized share capital and issue shares to shareholders.
- Board Meetings: Conduct regular board meetings to discuss company affairs and pass resolutions.
- Annual General Meeting (AGM): Hold an AGM every year to present the annual financial statements and other statutory reports.
- Filing Annual Returns: File annual returns with the RoC within the prescribed time frame.
- Maintaining Records: Maintain statutory records, including minutes of meetings, financial records, and registers.
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