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> > > > > > > > Vinay Gupta Director Company India Advisors Private Ltd email: [email protected] Mobile: +91 9818922002 http://companyindia.co.in/ PRIVATE LIMITED COMPANY IN INDIA Company India Advisors Private Ltd +919818092002

> > > > Vinay Gupta Director Company India Advisors Private Ltd email: [email protected] Mobile: +91 [email protected]

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Page 1: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

> > > > > > > >

Vinay Gupta Director

Company India Advisors Private Ltd email: [email protected]

Mobile: +91 9818922002

http://companyindia.co.in/

PRIVATE LIMITED COMPANY IN INDIA

Company India Advisors Private Ltd

+919818092002

Page 2: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

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

+919818092002

Page 3: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

Requirements of setting a

Private Limited Company in

India

Company India Advisors Private Ltd

+919818092002

Page 4: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

Company India Advisors Private Ltd

+919818092002

Page 5: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

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

DIRECTORS…..

Page 6: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

COMPANY INDIA ADVISORS

The Legal Status of the directorThe 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

Page 7: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

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.

Page 8: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

The minimum number of directors for a Private Company are TWO.

Company India Advisors Private Ltd

+919818092002

Page 9: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

Company India Advisors Private Ltd

Time Limit To Incorporate…..

The time for incorporating a private limited company is near about 15 to 16 days…..

Page 10: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

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

+919818092002

Page 11: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

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

+919818092002

Page 12: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

Name Guidelines

COMPANY INDIA ADVISORS

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

Page 13: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

Separate legal entity

Incorporated body

Artificial legal person

Perpetual succession

Limited liability

Common sealCompany India Advisors

Private Ltd

Page 14: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

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

+919818092002

Page 15: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

Digital SignaturesDirector Information NumberBoard MeetingsAnnual General MeetingsAnnual Filing of FormsYearly Forms by DirectorsMaintenance of statutory register & minutes book

Company India Advisors Private Ltd

+919818092002

Page 16: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

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 www.mca.gov.in using Digital Signature Certificate.

Company India Advisors Private Ltd

Page 17: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

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

+919818092002

Page 18: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

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 MeetingCompany India Advisors Private

Ltd

+919818092002

Page 19: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

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

+919818092002

Page 20: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

GENERAL 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

+919818092002

Page 21: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

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

+919818092002

Page 22: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

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

+919818092002

Page 23: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

Annual Filing of

FormsThere 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

+919818092002

Page 24: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

> > > > > > > >

Vinay Gupta Director

Company India Advisors Private Ltd email: [email protected]

Mobile: +91 9818922002

http://companyindia.co.in/

Company India Advisors Private Ltd

+919818092002

Page 25: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

Company India Advisors Private Ltd

Page 26: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

Company India Advisors Private Ltd

Page 27: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

Company India Advisors Private Ltd

Page 28: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

Company India Advisors Private Ltd

Page 29: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

Company India Advisors Private Ltd

Page 30: > > > > Vinay Gupta Director Company India Advisors Private Ltd email: info@companyindia.co.in Mobile: +91 9818922002info@companyindia.co.in

Company India Advisors Private Ltd