The factors to be considered while selecting the name of a private limited company as per Companies Act 2013, MCA and ROC guidelines are:

• Uniqueness: The name of the private limited company should be unique and should not be identical or too similar to the name of an existing company or a registered trademark. The proposed name should also not infringe upon the intellectual property rights of any person or entity.
• Descriptive: The name of the private limited company should describe the nature of the business or the activities that the company is engaged in. It should not be vague or misleading.
• Availability: The proposed name should be available for use and should not be already registered or reserved by another entity. It is important to conduct a thorough search of the MCA website and trademark registry to ensure the name is available.
• Legal compliance: The name of the private limited company should comply with the rules and regulations laid down by the Companies Act 2013, MCA and ROC. For example, the name should not contain any prohibited words or phrases.
• Memorability: The name of the private limited company should be easy to remember and pronounce. It should not be too long or complicated.
• Domain name availability: It is important to check the availability of the domain name for the proposed name to ensure that the company can have a website with the same name.
• Strategic fit: The name of the private limited company should be aligned with the business strategy and objectives of the company. It should reflect the values, mission and vision of the company.
• Future growth: The name of the private limited company should be able to accommodate future growth and diversification plans of the company. It should not limit the scope of the company's activities.
• Cultural and social sensitivity: The name of the private limited company should be culturally and socially sensitive and should not offend any community or religion.

Overall, the name of the private limited company should be distinctive, legally compliant and aligned with the business strategy and objectives of the company. It is advisable to seek professional help to ensure compliance with all the rules and regulations while selecting the name of the company.

If all necessary documents are readily available, the process can be completed within 15 days. It is important to note that the processing time may be affected by the workload of the registrar's office, which can cause delays in the approval process.

No, The registration process for a private limited company in India under the Companies Act 2013 is entirely online. All we need is scanned copy of documents and forms from your side to finish the process.

Yes, Non-Resident Indians (NRIs) and foreign nationals are eligible to become directors of a private limited company in India, subject to certain requirements. They must obtain a Director Identification Number (DIN) from the Registrar of Companies (RoC) and comply with the regulations of the Foreign Exchange Management Act (FEMA) related to investment in India. NRIs and foreign nationals can also hold a controlling stake in the company as long as there is at least one director who is a resident of India on the board of directors.

Documents required for NRIs:

• Passport: A copy of the NRI's passport must be provided as proof of identification.
• Address Proof: An address proof of the NRI's country of residence must be provided, which can be in the form of a driving license, voter's ID card, or any other government-issued document.
• Overseas Citizen of India (OCI) Card: If the NRI is an OCI cardholder, a copy of the OCI card must be provided to show that the individual is authorized to work in India.
• Digital Signature Certificate (DSC): A DSC is required for all directors of an Indian company, and the NRI will need to obtain a DSC from a certifying agency in India.
• Board Resolution: The Board of Directors of the company must pass a resolution approving the appointment of the NRI as a director.
• Consent Letter: The NRI must provide a consent letter accepting the appointment as a director of the company.

Documents required for foreign nationals:

• Passport: A copy of the foreign national's passport must be provided as proof of identification.
• Address Proof: An address proof of the foreign national's home country must be provided, which can be in the form of a driving license, voter's ID card, or any other government-issued document.
• Visa: A copy of the visa must be provided to show that the individual is authorized.
• Digital Signature Certificate (DSC): A DSC is required for all directors of an Indian company, and the foreign national will need to obtain a DSC from a certifying agency in India.
• Board Resolution: The Board of Directors of the company must pass a resolution approving the appointment of the foreign national as a director.
• Consent Letter: The foreign national must provide a consent letter accepting the appointment as a director of the company.

For both NRIs and foreign nationals, it is important to note that these documents may vary depending on the specific circumstances of the individual and the company.

Identity and Address Proof for directors and shareholders-

• PAN Card or Passport if foreign national/NRI; and
• Voter id card/passport/driving license; and
• Latest Electricity Bill/ Mobile Bill/ Bank Statement/Gas Bill
• Passport-sized photograph and specimen Signature (For Directors only)

Registered Office Proof-

• Notarised rental agreement
• No objection Certificate from the property owner
• Sale deed/property deed (if self-owned property)

Yes, in India, it is necessary for a private limited company to get its books audited. The Companies Act, 2013 mandates annual audits of financial statements conducted by a qualified auditor. There are some exemptions for small private limited companies, but overall, the requirement for auditing is applicable.

DIN is the unique identification number assigned to individuals who want to become directors of companies in India, ensuring transparency and accountability in corporate governance.

MOA (Memorandum of Association) defines a company's objectives and authorized capital, while AOA (Articles of Association) outlines internal rules for governance. They are crucial documents for company incorporation.

DSC stands for Digital Signature Certificate. It is a digital equivalent of a physical signature and serves as an electronic identification for individuals and organizations. DSC ensures the authenticity, integrity, and security of digital documents and transactions in various online processes such as filing tax returns, signing contracts, and submitting official forms.

Yes, the registered office of a company can be changed after incorporation by following the necessary procedures and obtaining the required approvals.

As per the Companies Act, 2013, the share capital must be deposited within 180 days from the date of incorporation.

As per the Companies Act, 2013 in India, there is no minimum required capital specified to start a private limited company. Previously, there used to be a minimum authorized capital requirement of Rs. 1 lakh, but that requirement has been removed.

The registration process for a private limited company in India usually takes around 7-15 working days, depending on factors such as name approval, document preparation, filing, and issuance of the Certificate of Incorporation.

Our professionals in FINLEG assisting with registering a private limited company typically follow these steps: understanding client requirements, checking name availability, preparing documents, obtaining digital signature certificates, filing with the Registrar of Companies, paying fees, verifying and obtaining approval, receiving the Certificate of Incorporation, and guiding the client through post-incorporation compliance.

Yes, it is necessary for a private limited company in India to get GST registration done if its annual turnover exceeds the prescribed threshold limit set by the Goods and Services Tax (GST) Act. The threshold limit for GST registration varies based on the state and type of business.

Yes, at least two directors are necessary for company registration in India.

Yes, a Limited Liability Partnership (LLP) can be converted into a private limited company.

Yes, a private limited company can be converted into a public limited company through a formal conversion process.

Yes, it is possible to register a private limited company using a home address as the registered office.

Yes, it is possible to register a private limited company using a virtual address as the registered office.

The registered office is the official address of a company where all communications and official notices are sent. It serves as the company's legal and official address for correspondence with government authorities and stakeholders.

The registered office is the official address for legal and official correspondence, while the corporate office is the main administrative and operational center of the company.

Authorized capital refers to the maximum amount of capital that a company is authorized to issue and raise from its shareholders, as stated in its Memorandum of Association. It represents the total value of shares that can be allotted by the company.

Paid-up capital, on the other hand, refers to the actual amount of capital that has been subscribed and paid by the shareholders of the company. It represents the portion of authorized capital that has been fully paid by the shareholders and is available for the company's use.

In summary, authorized capital is the maximum capital limit allowed, while paid-up capital is the actual amount of capital that has been contributed by the shareholders.

Shareholders are the owners of the company who invest money by buying shares. They have a stake in the company's success and can receive profits through dividends. Directors, on the other hand, are like the managers of the company. They are responsible for making decisions, setting goals, and overseeing the company's operations. They are hired or appointed to run the company on behalf of the shareholders. In simpler terms, shareholders are the owners, and directors are the managers.

Here is a comprehensive list of compliance requirements for a private limited company in India:

• Hold an Annual General Meeting (AGM) and file annual returns with the Registrar of Companies (RoC).
• Maintain statutory registers, including the Register of Members, Register of Directors, and Register of Charges.
• Prepare and file financial statements, including the balance sheet, profit and loss account, and cash flow statement.
• Conduct a statutory audit of financial statements by a qualified Chartered Accountant.
• File income tax returns and pay taxes within the specified due dates.
• Deduct and deposit Tax Deducted at Source (TDS) from applicable payments made to vendors, employees, etc.
• Comply with Goods and Services Tax (GST) regulations, including timely filing of GST returns and payment of taxes.
• Comply with the Employees' Provident Fund (EPF) and Employee State Insurance Corporation (ESIC) regulations, including registration and regular contributions.
• Deduct and deposit Professional Tax, if applicable, from employee salaries.
• Comply with labor laws regarding minimum wages, working hours, employment contracts, employee benefits, etc.
• Maintain proper books of accounts and financial records.
• Comply with intellectual property laws, if applicable, by protecting trademarks, copyrights, patents, etc.
• Follow environmental regulations and obtain necessary permits and licenses, if applicable.
• Comply with data protection and privacy laws, if applicable.
• Comply with Company Law provisions regarding related party transactions, loans, and investments.
• Comply with any industry-specific regulations and licenses, if applicable.

Please note that this is a general list and may not cover all specific requirements applicable to every business. It is crucial to consult with professionals, such as company secretaries and chartered accountants, to ensure compliance with all relevant laws and regulations.

The statutory auditor is appointed in a private limited company at the first Annual General Meeting (AGM) after its incorporation.