Description
Private Limited Company-Uttrakhand
A Private Limited Company (PLC) is a popular business structure in India, including Uttarakhand, offering limited liability to its shareholders. Here’s a detailed guide on the formation process:
1. Digital Signature Certificate (DSC)
- Obtain DSC for Directors: All directors of the company must possess a Class II or III Digital Signature Certificate (DSC). This is essential for electronic filing of documents with the Ministry of Corporate Affairs (MCA).
2. Name Approval
- Unique Name Selection: Choose a unique name for your company. It should not be identical or similar to an existing company name.
- File Form SPICe INC-32: Submit Form SPICe INC-32 to the Registrar of Companies (RoC) for name approval.
3. Incorporation Documents
- Memorandum of Association (MoA): This document outlines the company’s constitution, including its name, registered office address, objects of the company, and share capital.
- Articles of Association (AoA): This document details the internal rules and regulations governing the company’s operations, such as the powers of the directors, shareholders’ rights, and procedures for meetings.
4. Director Identification Number (DIN)
- DIN for Directors: Every director of the company must have a unique Director Identification Number (DIN).
- File DIN Application: Submit a DIN application form along with necessary documents to the MCA.
5. Filing of SPICe INC-32
- Complete Form SPICe INC-32: This form incorporates various forms and declarations required for company incorporation.
- Attach Required Documents: Along with the form, attach the following documents:
- MoA and AoA
- PAN card copies of directors
- Address proof of directors
- NOC from the property owner for the registered office address
- Affidavit from directors
- DSC of directors
6. Certificate of Incorporation
- MCA Approval: Upon verification of all documents and approval from the RoC, the MCA issues a Certificate of Incorporation.
- Legal Entity Creation: This certificate signifies the official birth of your company.
Additional Considerations:
- Minimum Share Capital: The minimum paid-up share capital for a Private Limited Company in India is Rs. 1.
- Number of Directors: A Private Limited Company must have a minimum of two directors and a maximum of 200 members.
- Registered Office: The company must have a registered office address in India.
- Compliance: After incorporation, the company must adhere to various statutory compliances, such as filing annual returns, conducting annual general meetings, and maintaining statutory records.
Professional Assistance:
While it’s possible to incorporate a Private Limited Company independently, seeking professional assistance from a Chartered Accountant or company secretary can streamline the process and ensure compliance with all legal requirements. They can help with:
- Drafting MoA and AoA
- Filing necessary forms and documents
- Obtaining necessary approvals
- Adhering to statutory compliances
By following these steps and seeking expert guidance, you can successfully establish a Private Limited Company in Uttarakhand.
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